Landmark decision frees us all
Kelley Kates
Issue date: 11/16/09 Section: News
Whether inciting violence or just speaking one's mind, free speech and the First Amendment have played a key role in developing the visionary, democratic America.
Thirty years ago in the case of Tinker v. Des Moines Independent School District, a landmark lawsuit was decided by the Supreme Court, ruling in favor of the plaintiffs, John Tinker, Mary Beth Tinker and Christopher Eckhardt.
The teens quietly and peacefully attempted to wear black armbands to school to exemplify their disdain for the Vietnam War, as well as their grievance over lives lost on both sides, and to show support for Robert Kennedy's Christmas truce.
However, all five students participating in the silent protest were kicked out of school for violating the school's policy which forbade the black armbands, for fear they would cause disruptions.
Representing the Tinker family was defense attorney Dan Johnston, who claimed he did not even like the Tinker's but believed they had a solid case.
Both John Tinker and Dan Johnston visited UMKC Law School this past Tuesday evening to emphasize the meaning behind the case.
"I did feel they had a right to say what they wanted to say," Johnston said.
Johnston felt they had a valid First Amendment case, but advised the students to return to school without the armbands to avoid any truancy issues while they worked on developing their case.
The Tinkers are a Quaker, pacifist family that used activism instead of violence to solve problems and passed that ideal along to their children.
Tinker claimed the idea formed among the five students to wear the black armbands in protest, but the original meaning came from wearing black armbands for 30 days after a person close to one dies.
Tinker said although they lost the case in Des Moines, he thought they were obviously in the right because other students were allowed to wear political buttons and crosses, among other symbols, to school.
Therefore, the school was singling out one form of expression instead of banning all forms of controversial items.
Thirty years ago in the case of Tinker v. Des Moines Independent School District, a landmark lawsuit was decided by the Supreme Court, ruling in favor of the plaintiffs, John Tinker, Mary Beth Tinker and Christopher Eckhardt.
The teens quietly and peacefully attempted to wear black armbands to school to exemplify their disdain for the Vietnam War, as well as their grievance over lives lost on both sides, and to show support for Robert Kennedy's Christmas truce.
However, all five students participating in the silent protest were kicked out of school for violating the school's policy which forbade the black armbands, for fear they would cause disruptions.
Representing the Tinker family was defense attorney Dan Johnston, who claimed he did not even like the Tinker's but believed they had a solid case.
Both John Tinker and Dan Johnston visited UMKC Law School this past Tuesday evening to emphasize the meaning behind the case.
"I did feel they had a right to say what they wanted to say," Johnston said.
Johnston felt they had a valid First Amendment case, but advised the students to return to school without the armbands to avoid any truancy issues while they worked on developing their case.
The Tinkers are a Quaker, pacifist family that used activism instead of violence to solve problems and passed that ideal along to their children.
Tinker claimed the idea formed among the five students to wear the black armbands in protest, but the original meaning came from wearing black armbands for 30 days after a person close to one dies.
Tinker said although they lost the case in Des Moines, he thought they were obviously in the right because other students were allowed to wear political buttons and crosses, among other symbols, to school.
Therefore, the school was singling out one form of expression instead of banning all forms of controversial items.
Viewing Comments 1 - 1 of 1
Christopher Eckhardt
posted 11/18/09 @ 6:23 AM CST
As the first American to be suspended in America for wearing a black armband to mourn the dead in Vietnam, I enjoyed this article.
John, Mary Beth, Dan & I made history in Tinker v Des Moines, and have made one small step for a more humane society. (Continued…)
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