Tinker v. Des Moines

The Background of Tinker v. Des Moines (1969)

Tinker v. Des Moines, which is an abridged title for the full name of the court case ‘Tinker v. Des Moines Independent Community School District’, was an appellate hearing undertaken by the Supreme Court in which the judicial review of a case involving 3 minors – John F. Tinker, Mary Beth Tinker, and Christopher Eckhart – were suspended from their respective schools for brandishing black armbands in protest of the Vietnam War. Both the Circuit Court, as well as the Court of Appeals in the State of Iowa ruled that black armbands, which represented the protest of war, were inappropriate within school grounds. Due to the fact the 3 students were below the legal age to be heard in a court of law, the students fathers, Leonard Tinker and Christopher Eckhart – respectively, brought their childrens’ appeal to the Supreme Court.

The Case Profile of Tinker v. Des Moines

The following is a case profile of the legal trial eponymously titled ‘Tinker v. Des Moines’:

Date of the Trial: November 12th, 1968

Legal Classification: Administrative Law; this legal field regulates ‘due process’, which is defined as the government’s obligation to respect, maintain, and uphold the legal rights of its citizens in the event of an arrest. Both the Federal and State government must preserve and protect an individual’s human rights and liberties; this includes fair, respectful, and ethical treatment devoid of undue violence and harm

Accused Criminal Activity: The following criminal activity and charges were cited by John F. Tinker and Mary Beth Tinker – both classified as legal minors – and Leonard Tinker against the State of Iowa within the appeal brought forth subsequent to the initial ruling:

The Tinkers stated that their arrest resulting from their respective expressions, which were admittedly a sign of protest - in lieu of a sign of violence, was a direct violation of both their 1st and 14th Amendment Rights, which preserved and protected the rights to free speech and free expression win accordance to applicable legislation and legality

United States Reports Case Number: 393 U.S. 503

Date of the Delivery of the Verdict: February 24th, 1969

Legal Venue of Tinker v. Des Moines: The Supreme Court of the United States

Judicial Officer Responsible for Ruling: Chief Justice Earl Warren

Involved Parties: The following are the parties named with regard to their involvement in the Tinker v. Des Moines case:

John F. Tinker and Mary Beth Tinker (minors), Leonard Tinker (adult); Plaintiff(s) - Tinker v. Des Moines

The State of Iowa; Defendant - Tinker v. Des Moines

Verdict Delivered: The Supreme Court ruled in favor of the Tinkers, stating that within the nature of protest undertaken by John Tinker, there existed no implicit – or inherent – intent to orchestrate violence, harm, disruption, damage, or criminal activity. However, the Tinker Standard – or Tinker Test – is a legal instrument required as a result of the Supreme Court ruling, which allows individual school administration to prohibit the expression undertaken by its students that may presumed to be incendiary, disruptive to the enactment of education, or in retention of the potential to incite a unrest

Associated Legislation with regard to Tinker v. Des Moines: The following statutory regulations were employed with regard to the Tinker v. Des Moines trial:

The 1st Amendment of the Constitution of the United States ensures that every American citizen be granted the freedom to express themselves in accordance with applicable legislature enacted in order to preserve the safety and wellbeing of the general public; however, the right to free speech prohibits ideas, ideology, or creeds to be imposed on any individual without their respective and expressed consent

The 14th Amendment illustrates legislation that disallows the government from infringing on the right(s) to pursue ‘Life, Liberty, and the Pursuit of Happiness’ with regard to any and all citizens of the United States of America – this statute is applicable to all measures of gender, race, religion, and age

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