• Last updated on November 11, 2022

The Supreme Court’s decision strengthened the rights of freedom of speech and symbolic speech for students.

Three Des Moines, Iowa, students protested the Vietnam War by wearing black arm bands to school in violation of the school’s policy. After they were suspended, the students challenged the policy, claiming it denied them their First Amendment rights. Justice Abe FortasFortas, Abe;Tinker v. Des Moines Independent Community School District[Tinker v. Des Moines Independent Community School District] wrote the opinion for the 7-2 majority, voiding the school’s policy. The Supreme Court held that the wearing of arm bands, absent any other behavior that might subject the students to discipline, was an acceptable form of protest. It found no relation between the regulation and school discipline and stated that student opinions could not be confined to those officially approved. Justices Potter Stewart and Byron R. White concurred, and Justices Hugo L. Black and John M. Harlan II dissented.Symbolic speech;Tinker v. Des Moines Independent Community School District[Tinker v. Des Moines Independent Community School District]

Brandenburg v. Ohio

Clear and present danger test

First Amendment

Gitlow v. New York

O’Brien, United States v.

Schenck v. United States

Symbolic speech

Texas v. Johnson

Time, place, and manner regulations

Whitney v. California

Categories: History Content