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Tinker v. Des Moines, (1969) represented the first time the US Supreme Court ruled on a case involving the First Amendment freedom of speech in the school environment. The Court upheld the students' right to peacefully express their opinion of the Vietnam War over the school's insistence that it should be allowed to regulate all forms of expression when it was acting in loco parentis (acting as a parent, as during the school day and during other functions).

Many people believed the decision in Tinker would allow students to exercise all of their First Amendment rights in school, including freedom of the press; however, the Court addressed that issue separately in Hazelwood School District v. Kuhlmeier,(1988) and other cases that are more relevant to the school press than Tinker.

Held:

  1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth.
  2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment.
  3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.

Important Note

The case Hazelwood School District v. Kuhlmeier, 484 US 260 (1988) is more relevant to school press issues than Tinker v. Des Moines, (1969), because it dealt specifically with how much control schools could exercise over the content of student publications.

The Court held that public school student newspapers are subject to less First Amendment protection than commercial newspapers, or even student publications established as forums for student expression. Schools may impose restrictions on student newspaper content.

Case Citation:

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

For more information on this topic, see Related Questions, below.

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Q: Why is Tinker v Des Moines important to the school press?
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What impact did the tnker vs des moines case have on journalism?

Check out the John Peter Zenger case instead because Tinker v Des Moines 1969 has to do with freedom of speech in school, not freedom of press.


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