1969: Tinker vs. Des Moines

Five students in the Des Moines ISD wore black armbands to school on Dec. 16, 1965 to protest the Vietnam War. They were suspended and administration said they could not come back to school until they agreed to return without the armbands. While they shed the armbands, their protest continued: they group wore black clothing for the remainder of the school year. They also filed a lawsuit, stating that the school had violated their First Amendment rights. The three plaintiffs in the case: Mary Beth Tinker, her brother John, and a friend Chris Eckhardt — were represented by the ACLU. What came next was a four-year court battle, that ended with the Supreme Court siding with the students.

What this means for free speech: US Supreme Court Justice Abe Fortnas wrote that “Students do not check their First Amendment Rights at the school house gate.” Which means that students have the right to free speech and a free student press. They have a right to petition administration (or any other governing body) to change policies they don’t like. They have the right to assemble and discuss issues inside and outside of classroom settings. They have the right to protest, including but not limited to on campus rallies and walk outs.