TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT 393 U.S. 503 (1969) CASE BRIEF

TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

393 U.S. 503 (1969)

NATURE OF THE CASE: An appeal, discussing the constitutional validity of a public school policy that restricts dress representing a political viewpoint.

FACTS: The Respondent School District implemented a school policy which prohibited students from wearing arm bands in school. Failing to remove an armband resulted in student suspension until such time the student complied with the policy. The school asserted that the policy was necessary to maintain a safe and peaceful environment by diverting disruptive protests. The Tinker (Petitioner students) violated the school policy by wearing black armbands in protest to the United States involvement in the Vietnam War. The students pursued injunctive relief to enjoin the school from imposing school suspension. A complaint was filed in the United States District Court, under 1983 of Title 42 of the United States Code asking for injunctive relief. After an evidentiary hearing, the District Court dismissed the complaint. It upheld the constitutionality of the school authorities' action on the ground that it was reasonable in order to prevent disturbance of school discipline. An en banc Court of Appeals affirmed without opinion.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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