In 1969, the Supreme Court ruled that a public school forbidding students from wearing black armbands to protest the Vietnam War, was a violation of the First Amendment rights. So how does a seemingly subtle act of protest result in such a momentous decision? And on what basis was the case decided? This is the story of Tinker versus Des Moines.

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(Describer) Two light complected young people stand before a white background as images and graphics appear. Title. ‘Bill of Rights Institute.’ Archival footage of the Vietnam war plays.

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(host 1) In 1965, Americans were divided in their support of the Vietnam War, with protests sprouting nationwide.

(host 2) In Des Moines, Iowa, a group of students led by 15-year-old John Tinker, his sister, Mary Beth, and their friend Christopher Eckhardt, quietly carried out their own act of protest, by wearing black armbands to school.

(host 1) The school district prohibited the armbands, threatening suspension or expulsion if the students didn't comply. The Tinker Family, active in civil rights and anti-war movements, were committed to protecting free speech and took the school district to court.

(host 2) After the district court ruled against the Tinkers, the case was brought to the United States Court of Appeals, which resulted in a tie. The Tinker Family would make one final appeal in 1968 to the Supreme Court.

(host 1) With the lower level courts divided, how would our highest court come to a decision, and what would it mean for the Tinker Family and other American students?

(host 2) Attorney Dan Johnston took on the case for Tinker, arguing that the school district's armband policy was unconstitutional and violated the student's First Amendment rights. He also maintained that since students have been granted Constitutional protection of the right to symbolic expression, in schools in the 1943 case of West Virginia State Board of Education v. Barnett, the same reasoning should apply to the students' use of their armbands.

(host 2) Opposition to the case was firm, arguing that the students' decision to wear the armbands was a disruption to the school's duty to maintain order, so much so, that it outweighed their 1st Amendment rights. The interpretation of the Constitution had been debated, and a major decision was underway. Do First Amendment rights disappear when a student enters a public school?

(host 2) According to the Supreme Court, that answer is no. The seven-to-two count came with Justice Abe Fortas writing for the majority.

(host 1) Fortas wrote that "Teachers and students "do not shed their Constitutional rights "to freedom of speech or expression at the Schoolhouse Gate."

(host 2) Fortas further argued that, "Student expression cannot be suppressed when it doesn't interfere with school discipline." The dissent maintained that the Tinkers behavior was a disruption, a sentiment echoed in future cases.

(host 2) In 1986, the Supreme Court ruled that a student could be legally suspended for a lewd speech. And in 1988, the court decided that it was within a school's power to censor student newspapers. Turbulent political times often inspire protests, especially among passionate young people. What will next test the limits of free speech and result in a Supreme Court controversy? This was the story of Tinker versus Des Moines.

(Describer) ‘Bill of Rights Institute.’

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