What war led to the protest that ended up in the Supreme Court as the case of Tinker v. Des Moines Independent Community School District?

Answer 1

The petitioners (like plaintiffs) were John F. Tinker, Christopher Eckhardt (high school students), and Mary Beth Tinker, John's sister (Jr. high school student).

The respondent (like a defendant) in Tinker v. Des Moineswas the Des Moines Independent Community School District.

Case Citation:

Tinker v. Des Moines, 393 US 503 (1969)

Answer 2

Two justices, Hugo Black and John Marshall Harlan II, wrote independent dissenting opinions in Tinker.

Justice Black disagreed with the Court's decision to allow students and teachers to use the schools as a platform for the expression of free speech, and believed policy matters should be left to school administration. Black cited the recent decision in Cox v. Louisiana, 379 US 536 (1965), in which the Court held the First Amendment right to exercise free speech was not absolute and "[does] not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time."

According to Justice Black, the First Amendment had two components: the freedom to believe, and the freedom to act. He asserted the freedom to believe was absolute, but reminded the Court that it had historically made exceptions to the freedom to act for good cause. In this case, "good cause" involved the right of the schools to maintain discipline and control, and not cede this power to the students.

Justice Harlan believed the schools should have "the widest authority" to promulgate their own rules, provided the rules were motivated by legitimate reasons, and held the burden should be on the Petitioner (Tinker) to demonstrate the Respondent (Des Moines ISD) had a "desire to prohibit the expression of an unpopular point of view, while permitting expression of the dominant opinion," rather than maintain order. In his view, the school had acted in good faith and should prevail.

Case Citation:

Tinker v. Des Moines, 393 US 503 (1969)

For more information, see Related Questions, below.

Answer 3

The respondent in Tinker v. Des Moines was the Des Moines Independent Community School District. The petitioners were John F. Tinker, Christopher Eckhardt (high school students), and Mary Beth Tinker, John's sister (Jr. high school student).

Case Citation:

Tinker v. Des Moines, 393 US 503 (1969)

Answer 4

Tinker v. Des Moines, (1969), was primarily based on two events:

1. US involvement in the Vietnam War.
2. A peaceful student protest of the war.

Tinker was a First Amendment case challenging the school district's right to make policies restricting students' and teachers' expression of free speech in school. In a 7-2 vote, the Court held the Fourteenth Amendment made the First Amendment applicable to the states, and determined students had a right to express their opinions in a non-disruptive manner.

Case Citation:

Tinker v. Des Moines, 393 US 503 (1969)

Answer 5

One argument was that the teens were not violent during their protest and caused no disruption.

Answer 6

The Vietnam War

Answer 7

the vietnam war