![]() Prior to the time when any of these petitioners wore the armbands to school, it came to the attention of the school authorities that perhaps there would be some students who would express views related to the war in Vietnam in this manner during school time. This was the purpose that the students gave for wearing the armbands during this period.ĭuring the period of time of course, there were school days and they wore the armbands to school. Specifically, the views were that they mourn the dead of both sides, both civilian and military in that war and they supported the proposal that have made by United States Senator Robert Kennedy that the truce which had been proposed for that war over the Christmas period be made an open ended or an indefinite truce. That court dismissed the petition and on appeal to the Circuit - the decision was split 4 to 4.Ĭonduct of the students essentially was this, that Christmas time in 1965 they decided that they would wear small black armbands to express certain views which they had in regard to the war in Vietnam. ![]() ![]() The case began as a petition for injunction and nominal damages under 42 United States Code 1983 in the United States District Court for the Southern District of Iowa. It's a First Amendment free speech case in the sense of expression of views rather than a worship or establishment cases. Justice Abe Fortas: Well, this is not a religious establishment case here? One major distinction between Epperson and this case is that this case involves the right of public school students other than public school faculty members to exercise expressions of their opinions in a non-disruptive way in the school. The case is here on certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. ![]() This case is similar in some respects to the decision and the case of result and decision in Epperson versus Arkansas which the Court decided just this morning. Chief Justice and may it please the Court. Tinker and Mary Beth Tinker, minors, etcetera et al., petitioners versus Des Moines Independent Community School District et al. Chief Justice Earl Warren: Number 21, John F. ![]()
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