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Saved by 2 people (0 private), first by anonymouse user on 2007-01-06


Public Comment

on 2007-01-06 by dutchboyinohio

Tinker v. Des Moines 1969

Public Sticky notes

They were not disruptive

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In wearing armbands, the petitioners were quiet and passive.

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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. Pp. 507-514.

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The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment.

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It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

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The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, [393 U.S. 503, 508]   to hair style, or deportment. Cf. Ferrell v. Dallas Independent School District, 392 F.2d 697 (1968); Pugsley v. Sellmeyer, 158 Ark. 247, 250 S. W. 538 (1923). It does not concern aggressive, disruptive action or even group demonstrations. Our problem involves direct, primary First Amendment rights akin to "pure speech."

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In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.

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School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution

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