Tinker v. Des Moines (1969)

In 1965, why did several students in Des Moines, Iowa decide to wear black armbands with peace signs to school?

• They were inspired by protests against the Vietnam War and wanted to protest themselves.

• They were celebrating a school sports victory.

• They were supporting a local political candidate.

• They were participating in a fashion trend.

What rule did the school officials create regarding the armbands?

• School officials created a rule banning the armbands and said anyone who wore one would be asked to remove it or be suspended if they refused.

• School officials allowed students to wear armbands as long as they did not disrupt classes.

• School officials required students to wear armbands to show school spirit.

• School officials ignored the armbands and did not make any rule about them.

What is the Tinker Test and why is it important for schools?

• The Tinker Test is the guideline courts use to determine what school officials can and cannot prohibit regarding student speech. It is important because it helps protect students' free speech rights unless the speech causes substantial disruption to learning or violates the rights of others.

• The Tinker Test is a standardized exam given to students to assess their knowledge of school rules and regulations.

• The Tinker Test is a set of physical fitness standards that schools must meet to receive federal funding.

• The Tinker Test is a program designed to encourage students to participate in extracurricular activities.

According to the passage, what are some examples of things that fail the Tinker Test in schools?

• Sexual harassment, hate speech, online bullying, or dress code bars clothing with inappropriate messages.

• Cheating on exams, tardiness, and skipping classes.

• Participating in school sports, joining clubs, and attending assemblies.

• Using school computers for homework, reading in the library, and eating lunch in the cafeteria.

A. Can It Pass the Test? The Tinker Test says schools can’t restrict student speech unless it (1) disrupts learning or (2) violates another student’s rights. Sounds simple. But applying the test can be hard. Below are five scenarios involving student speech. You are the principal. Apply the Tinker Test. Place the number of the scenario in the box you think best applies. 1. A student places a political sticker on the outside of her locker that says a particular ethnic group is dangerous.

• Restrict (It disrupts learning)

• Restrict (It violates another student’s rights)

• Don’t restrict (It’s freedom of speech)

A student wears a t-shirt that promotes vaping.

• Restrict (It disrupts learning)

• Restrict (It violates another student’s rights)

• Don’t restrict (It’s freedom of speech)

Can online speech disrupt learning or violate another student’s rights when done off campus? The following are loosely based on real cases. Apply the Tinker Test again. 1. A student posts messages to friends threatening violence at school.

• A. Punish (It disrupts learning)

• B. Punish (It violates another student’s rights)

• C. Don’t punish (It’s freedom of speech)

Can online speech disrupt learning or violate another student’s rights when done off campus? A student makes a private online profile of her principal. In it, she implies that he, the principal, behaves inappropriately at school.

• Punish (It disrupts learning)

• Punish (It violates another student’s rights)

• Don’t punish (It’s freedom of speech)

Can online speech disrupt learning or violate another student’s rights when done off campus? A student creates a web page dedicated to ridiculing a classmate. 24 peers join and post unacceptable photos of the boy and call him names.

• Punish (It disrupts learning)

• Punish (It violates another student’s rights)

• Don’t punish (It’s freedom of speech)