Tinker Vs Des Moines : Rights Of Students Are Also Protected Under First Amendment
In Tinker Vs. Des Moines Independent Community School District, the Supreme Court held that rights of students are also protected under First Amendment.
What were facts of Tinker Vs Des Moines ?
Five students decided to bear black armbands in 1965 to protest against USA participation in Vietnam War. The School made a policy that students wearing armbands will be asked to remove it immediately. If a student refuses to remove it, such student will be suspended. The three of the students were suspended for wearing black armbands and the remaining two belonged to elementary school where the policy was not applicable. District Court and Court of Appeals confirmed the decision of the school. Finally the matter reached to the Supreme Court.
What were findings of the Supreme Court in Tinker Vs. Des Moines ?
The Court held that First Amendment applied to public school. Administration will have to demonstrate valid reasons for regulation of speech in classroom. The Court held that the School Administration will have to show something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Such conduct would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school. The Court found that the actions of the Tinkers in wearing armbands did not cause disruption and was protected under symbolic speech. The Court ruled that First Amendment rights were not absolute, and could be withheld if there was a “carefully restricted circumstance.” Student speech that has the potential to cause disruption is not protected by Tinker This decision made students and adults equal in terms of First Amendment rights. In subsequent judgments i.e Bethel School District Vs. Fraser and Hazelwood Vs. Kuhimeier, the Supreme Court has limited the freedom granted to students to some extent.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.