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Bella Albarron
11-6-15
Government Tinker V. Des Moines Court Case

ISSUE: The question in this case, is does a banning of wearing armbands in public school, as symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?

FACTS: John and Marybeth Tinker attended a public school in Des Moines, Iowa in 1965. On December 1965 the Tinkers held a meeting in the house of their friend named Christopher Eckhardt. The group decided on wearing black wristbands throughout the holiday season to show their disagreement with the Vietnam war and their support of the Christmas Truce called for by Senator Robert F. Kennedy. They also decided to fast on December 16th and on New Years Eve. The principals of the Des Moines Schools learned of this plan and met on December 14th to create a policy that stated school children wearing an armband would be asked to take it off or be suspended. Marybeth Tinker and Christopher Eckhardt were suspended from school on December 16th for refusing to remove the armbands. The following day John Tinker was also suspended for the same reason. The children were suspended from school until after January 1, 1966 when their protest had been planned to end.

The case began on November 12th of 1968. The Tinkers and Christopher Eckhart filed charges against the state of Iowa: The Tinkers stated that their suspension resulted out of legal expressions. They believed they were suspended for simply stating their opinions on the war. They believed this action taken by the school and stated was a direct violation of their 1st and 14th Amendment rights, which protected free speech and free expression. The District Court ruled that the school had not violated the Constitution. The Court of Appeals agreed with the lower court, and the Tinkers appealed to the Supreme Court.

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