Online Conversation:
Tinker v. Des Moines School Plaintiffs
Questions & Answers: Opinions on Rights in the U.S. Today
Below are five questions submitted by students at a variety of schools, asking the Tinker plaintiffs about their opinions on rights in the U.S. today. The name of the plaintiff answering each question is in brackets at the end of the answer.
1. Have your views on student protest changed? Would/do you support your children's political activities?
When students take action and speak up on the important issues of the day, it may be called "protest". They are usually trying to have an effect on decisions that will go down in history, and they should be encouraged. There are so many injustices in our world today. In order to be a democracy, we need the peopleall the people, including studentsto be involved.
I support the political activities of students who are trying to make a positive impact on the world. You have more power than you may realize! [Mary Beth Tinker]
2. Do you think schools today grant students all the rights they are entitled to under the Constitution?
Some schools probably do and some probably don't. It would depend on how progressive your parents/family, teachers, administrators, and school boards are. If they are denying you your perceived constitutional rights, use your common sense and get over it, or sue them. [Chris Eckhardt]
3. Since the time of your wearing black armbands to school, have you been active in any other political or protest activities?
Yes, I have remained interested in the issues of our times, and have been active when I thought I could help. I worked with the Mobilization for Survival to educate people about the dangers of nuclear power and nuclear proliferation.
Later, I spent parts of four different years in Nicaragua during the time of the CIA/Contra war against that country. There I was working with a project called Peace Parts, which I organized. The purpose of the project was to take repair parts into that country during the time of the US embargo against Nicaragua. During the four years of its existence, Peace Parts delivered about twenty tons of supplies to Nicaragua, including electronic parts to the Ministry of Health, and many bicycles and sewing machines, which were distributed to cooperatives. [John Tinker]
4. What exceptions, if any, would you make to freedom of expression today? Why?
I would tend to make very few exceptions to freedom of expression. If there is some other crime being committed, then that would still be a crime, but I do not generally trust our authorities to judge what speech or expression ultimately will have a good or bad effect on society. I think it is better that we know what people think, rather than forcing ideas to hide, and possibly fester. However, I would not consider the weary example of yelling "fire" in a crowded theater to be primarily an issue of expression because, if its intent is to create mayhem, then that would be a crime in its own right.
But in terms of current issues, I am not in favor of prohibiting the wearing of gang colors, for example. I think it is a sad commentary on our society that school authorities are attempting to deal with the problems of gangs by taking such an approach. To me it is covering up a symptom, rather than looking for the cause of a problem. All other things being equal, for authority to resort to suppressing the expression of ideas, is really to admit that they do not have much positive to contribute to the discussion in the first place.
Recently in the news I heard about a situation where a student was punished for wearing a Pepsi shirt on a day when everyone was supposed to wear a Coke shirt. This is an example of why never to expect authority to be automatically sane.
Power corrupts. This is true of the power given to school authorities, as much as it is true of the power held by political leaders. In my opinion there is no better way to prepare students for their responsibilities in our democracy, than to encourage them to deal with serious ideas, in a democratic way. Of course, not all ideas are valid or useful. But making mistakes is also part of one's education. I think it is best to teach the principles of democracy by exemplifying them. [John Tinker]
5. What do you think of students standing up for their rights today?
I'm proud of those of you who do that. Never forget that students are "persons" under our Constitution. Practice democracy daily, and exercise your rights. Use it or lose it. Stand up not only for your rights, but also for your fellow students' rights. Let us respect each other and rise up together.
In the early 1960's, I marched for African-American rights. I'm not an African-American. But bigotry, oppression, discrimination, and prejudice were being used like a brick of hate against them. So whenever or wherever bricks of hate are thrown at any of us, then together we must stand up and peacefully take action against those bricks and brick throwers. You may choose to remain silent and stand on the sidelines because that brick doesn't have your name on it. If you do, then who will be left to defend you when someone puts your name on one of those bricks?
Students today can change America into an even better place to live, not only for yourselves, but for us all. Racism, sexism, ageism, anti-Semitism, homophobia, discrimination, prejudice, and bigotry are all bricks of hate.
Stand up for all of our people of color; stand up for all of our sisters; stand up for all of our people of faith; stand up for all of our senior citizens; stand up for all of our gay brothers and lesbian sisters; for only then, when we stand together with all of our differences, can we demolish the bricks of hate.
To the students of America, I thank you for being here with your hopes, dreams, energy, and idealism. I embrace you. Stand up for your rights and others' rights. Keep the faith and hope alive. Protect our Constitution. Make Law Day everyday. Break the bricks of hate. Remember, Justice Abe Fortas wrote,
" ... It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate..."
But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk, Terminiello v. Chicago, 337 U. S. 1 (1949); and our history says that it is this sort of hazardous freedom - this kind of openness - that is [393 U. S. 503, 509] the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society." (U.S. Supreme Court opinion, Feb. 24, 1969) [Christopher Eckhardt]
>>Perspectives Then
>>Opinions on Rights in the U.S. Today
>>Effect on Family and Friends
>>Reflecting Personally
NOTE: Points of view or opinions expressed herein are those of the authors and have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association, nor do they represent the official position or policies of the Standing Committee on Public Education.
Online Conversations
| Tinker Conversation | Case Summary |
*Questions and Answers*
Biographies | Resources
| Schools



