The following account is based on the facts of Mary Beth
Tinker’s story. It is not her actual testimony.
My name is Mary Beth Tinker. My brother John and I and
a few of our friends were outraged during the Vietnam
War. We did not believe that the U.S. should be fighting
there. Our parents were outraged, too. They expressed
their anger in protest marches. Sometimes the marches
ended in violence. We wanted students at our school to
know how we felt without causing any violence. We decided
that wearing black arm bands to school would tell students
how we felt. The black arm bands would be a peaceful way
of showing our opposition to the war.
The school officials found out about our plan and passed
a rule against wearing the arm bands. They were afraid
that there would be violence. We decided to wear them
anyway. It was very important for us to be able to
express our feelings about the war. In 1965 there was
a lot of controversy about the war everywhere. I believe
school ought to be a place where you can discuss important
issues, especially those that are very emotional.
Lots of students noticed we were wearing the arm bands.
The principal felt nobody would do schoolwork. He was
also afraid of fights. There wasn't any fighting. But
we were suspended and sent home until we stopped wearing
the arm bands. We had broken the school rule.
My parents were very upset. They decided to take the
school to court. They believed our right to speak
against the war was protected by the Bill of Rights.
We lost. The court agreed with the school. They said
the school had a right to pass this rule to keep
discipline in school.
My parents didn't give up. They finally asked the
Supreme Court to take the case and decide. Did we
have a right to wear the black arm bands because
the Bill of Rights says we have the right to free speech?
VOCABULARY:
violence
official
emotional
controversy
discipline
opposition
WHAT DO YOU KNOW?
What were the Tinkers protesting?
Why did Mary Beth and John wear black arm bands to school?
Why were they suspended?
Why did Mary Beth and John's parents go to court?
What did the court say?
Why did Mary Beth and John's parents ask the Supreme Court
to take the case?
ACTIVITY
Here are the reasons that Supreme Court Justices used to support
their opinions on the case. There are nine Supreme Court Justices.
They did not agree. Look at the arguments (reasons). Decide which
arguments you agree with.
In favor of letting students wear their arm bands:
Students and teachers have a constitutional right to free
expression outside of school. They do not give up this right
at the school house door. They have this right in school, too.
The arm bands did not keep the students from doing their
work. Students should be able to express themselves as long
as there is discipline in the school.
Principals do not have complete power over their students.
The parents have power, too. The parents agreed with their
children's actions.
Not in favor of letting the students wear their arm bands:
People do not have a constitutional right to say whatever
they want to say, wherever and whenever they want to say it.
The arm bands kept students from thinking about their studies.
They started thinking about the emotional subject of the Vietnam War.
School principals should have as much power as possible to
keep discipline and order in their schools. Principals should
not take chances. They should avoid trouble.
WHAT DO YOU THINK?
If you were a Supreme Court Justice, which way would
you decide? Why? What does the majority of your class think?
Supreme Court Decision
It takes a majority of Supreme Court Justices to decide a
case. Your teacher will tell you what the majority of the
Supreme Court thought about the Tinker Case. Compare
their opinions with yours. Remember, there were good
reasons on both sides. The Supreme Court often has to
choose between two good arguments.
Think about what we have studied in this unit. Then
give your own opinions by completing the sentences below.
Give as much information as you can to explain your answers.
I was surprised to learn that . . .
I think my family and/or friends should know that . . .
A question I would like to ask is . . .
Last updated: January 2, 2002
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