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Her journey started with wearing a black armband to school and proceeded to the landmark Supreme Court case Tinker v. Des Moines Independent School District (1969), but it by no means stopped there: Mary Beth Tinker, namesake of the Tinker decision, continues to be a free-speech icon.
When Mary Beth, her brother, and their friend Christopher Eckhardt saw the violent scenes of the Vietnam War on the news, they felt compelled to take a stand against the war. They decided to wear black armbands to school to mourn the dead on both sides of the war. Having learned of the planned protest, the school district preemptively banned armbands, so the students were suspended for wearing them. Unable to convince the school district that the armbands were protected forms of expression, the Tinkers decided to contact the American Civil Liberties Union and sue the school district.
When the principal became aware of the plan, he warned the students that they would be suspended if they wore the armbands to school because the protest might cause a disruption in the learning environment. Despite the warning, some students wore the armbands and were suspended.
The dissent argued that the First Amendment does not grant the right to express any opinion at any time. Students attend school to learn, not teach. The armbands were a distraction. School officials, acting on a legitimate interest in school order, should have broad authority to maintain a productive learning environment.
This week marks the 50th anniversary of Tinker vs. Des Moines School District, in which the Supreme Court ruled in favor of students who had been suspended for coming to school wearing black armbands to protest the Vietnam War.
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AHMEDABAD, India, March 10 (Reuters) - Australia players will wear black armbands as a mark of respect for skipper Pat Cummins's deceased mother on day two of the ongoing fourth and final test against India, the touring side said on Friday.
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order. Tinker v. Des Moines Independent Community School District (1969) was a case in which a school district attempted to prohibit students from wearing black armbands to protest the war. The Court held that the ban was a suppression of student symbolic expression and therefore a First Amendment violation. In this 2017 photo, Mary Beth Tinker holds the original detention slip she received for wearing the black armband. (Photo by Amalex5, CC BY 4.0)
Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she, her brother John, 15, and their friend Christopher Eckhardt, 16, wore black armbands to school to protest the war in Vietnam. That decision led the students and their families to embark on a four-year court battle that culminated in the landmark 1969 U.S. Supreme Court decision for student free speech: Tinker v. Des Moines Independent Community School District. This interview was recorded on February 21, 2019 at Iowa PBS studios in Johnston, Iowa.
The the ban actually specifically said no wearing of black armbands. I mean, to have the right to wear the black armband was not really the most pressing issue. The most pressing issue was to raise awareness about the war and to protest the war.
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Only a few of the 18,000 students in the school system wore the black armbands. Only five students were suspended for wearing them. There is no indication that the work of the schools or any class was disrupted. Outside the classrooms, a few students made hostile remarks to the children wearing armbands, but there were no threats or acts of violence on school premises.
In the present case, the District Court made no such finding, and our independent examination of the record fails to yield evidence that the school authorities had reason to anticipate that the wearing of the armbands would substantially interfere with the work of the school or impinge upon the rights of other students. . . .
As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred. These petitioners merely went about their ordained rounds in school. Their deviation consisted only in wearing on their sleeve a band of black cloth, not more than two inches wide. They wore it to exhibit their disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.
[E]ven if the record were silent as to protests against the Vietnam war distracting students from their assigned class work, members of this Court, like all other citizens, know, without being told, that the disputes over the wisdom of the Vietnam war have disrupted and divided this country as few other issues ever have. Of course, students, like other people, cannot concentrate on lesser issues when black armbands are being ostentatiously displayed in their presence to call attention to the wounded and dead of the war, some of the wounded and the dead being their friends and neighbors. It was, of course, to distract the attention of other students that some students insisted up to the very point of their own suspension from school that they were determined to sit in school with their symbolic armbands.
Moreover, the testimony of school authorities at trial indicates that it was not fear of disruption that motivated the regulation prohibiting the armbands; and regulation was directed against 'the principle of the demonstration' itself. School authorities simply felt that 'the schools are no place for demonstrations,' and if the students 'didn't like the way our elected officials were handling things, it should be handled with the ballot box and not in the halls of our public schools.'
But on Friday morning, Oct. 17, 1969, the day before the BYU game, Eaton summarily dismissed Hill, Berry and the 12 other African-American players on the UW team when they appeared at his office as a group wearing black armbands on their civilian clothes. BYU is owned and operated by the Church of Jesus Christ of Latter-day Saints, better known as the Mormons. By wearing the armbands, the players were protesting the LDS policy then in force, which barred black men from the priesthood.
About 9:15 a.m. on Friday, the 14 black players gathered at Washakie Center in the dormitory complex. They donned black armbands and walked to Memorial Fieldhouse where Eaton had his office, hoping to persuade the coach to allow them to show some solidarity with the BSA call for a protest.
Seeing them together, wearing armbands, Eaton led them into the upper seating area of the fieldhouse and, according to the players, immediately told them that they were all off the team. After that, according to the wife of a faculty member who was walking on the fieldhouse floor below, the coach insulted the players in an angry manner, which further polarized the situation.
On Saturday, the Cowboys, suddenly an all-white team, defeated all-white BYU 40-7 while the 14 dismissed black players watched from the student section of the stands. Fans on both sides of the stadium chanted, \"We love Eaton.\" After the game, Eaton said, \"The victory was the most satisfying one I've ever had in coaching.\"
The Cowboys finished their home slate with a victory over San Jose State a week after the BYU game. A plane pulling a banner proclaiming, \"Yea Eaton,\" flew over the stadium, and the crowd responded with a roar and a standing ovation. Many wore \"Eaton\" armbands. All of the SJS players wore either black or multi-colored armbands.
Tony Gibson, another of the 14, told Ryan Thorburn, author of Black 14: The Rise, Fall, and Rebirth of Wyoming Football, in a 2009 interview, \"Students on the campus were planning a demonstration against the Mormon policies and we voted that we would take part in that demonstration. And our part was wearing black armbands, if coach Eaton would let us. If Eaton didn't let us, we would just play the game. That's the part that was never brought out enough after the fact.\"
A Salt Lake Tribune article published Nov. 6, 2009, relates that the Black 14 incident quickly provoked changes at BYU, according to Tom Hudspeth, BYU head coach in 1969. Hudspeth was quoted as saying that he cannot remember the exact date or how he was 'made aware' that LDS Church leadership wanted him to add African-Americans to his team, and fast. The following year, BYU's team included Ronnie Knight, a black defensive back from Sand Springs, Okla.\"
Phil White grew up in Cheyenne, graduating from Cheyenne Central in 1963. He received a B.A. in history and a J.D. at the University of Wyoming. In October 1969 he was editor of the Branding Iron, the UW student newspaper, at the time all 14 African American players on the UW football team were dismissed from the team by the coach for wearing black armbands on their street clothes the day before a game. White has worked as a reporter for United Press International, High Country News and the Casper Star-Tribune and has also practiced law in Cheyenne, Jackson and Laramie during his career. He is the author of a book titled Wyoming in Mid-Century: Prejudice, Protest and The Black 14. He and his wife, the former Kathleen Dekanek, a Laramie native, live in Laramie. 59ce067264
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