1. Case Brief: Tinker v. Des Moine School District 393 US 503 (1969)
Statement of Facts: A group of adults and students planned to express their opinion about the involvement of the US in the Vietnam War by wearing black armbands for a certain period. The heads of Des Moine schools were alerted to the plan and decided to impose a regulation that would suspend students wearing black armbands and allow them back only if they return without the bands. Three students wore armbands to their schools and were promptly sent home, but did not return to school until the period for wearing them ended.
Procedural History: A complaint for injunction and damages was filed in the US District Court under s 1983 of Title 42 the US Code. The case was dismissed on the grounds that the schools had the right to impose discipline to prevent disturbance. The case was appealed to the Court of Appeals where the decision of the lower court was affirmed.
Issue: Whether the wearing of armbands in schools was protected by the Free Speech Clause of the First Amendment and the 14th Amendment.
