Black armbands and silent protest: Tinker v. Des Moines and the right of symbolic free speech

Abstract

In the midst of growing sentiment against United States participation in the conflict in Vietnam, several students in Des Moines, Iowa, agreed in December 1965 to wear black armbands to school to mourn the dead in the conflict and to demonstrate support for a Christmas truce. Several students defied a school district ban and wore armbands to school on December 16 and 17; five were suspended for their actions. The Des Moines School Board upheld the ban in early January 1966; the actions of the school board caused parents of three of the suspended students to initiate legal action against the school district. The legal issues in the case that became Tinker v. Des Moines Independent Community School District concerned the rights of students in the public schools and the constitutional protection afforded symbolic expression under the First Amendment's guarantee of free speech. The Supreme Court ruled in February 1969 that students possess basic constitutional rights. Although weakened in recent years, Tinker remains a landmark decision with regard to the rights of students.