The Struggle for Student Rights
Tinker v. Des Moines and the 1960s
John W. Johnson
240 pages, 5-1/2 x 8-1/2
Landmark Law Cases and American Society
Paper ISBN 978-0-7006-0867-6, $12.95
The tension between free speech
and social stability has been a central concern throughout American
history. In the 1960s that concern reached a fever pitch with
the anti-Vietnam War movement. When anti-war sentiment "invaded"
American schools, official resolve to retain order in the classroom
vied with the rights of students to speak freely. A key event
in that face-off was the Supreme Court decision in Tinker
v. Des Moines.
In 1965, five public school students in Des Moines--including
John Tinker, a Methodist minister's son--protested the Vietnam
War by wearing black armbands in defiance of school policy. Suspended
on disciplinary grounds that were upheld in federal court, the
students took their case to the Supreme Court, arguing that they
had been denied their right of freedom of expression under the
First Amendment. Ruling in their favor, the Court determined
that armbands did not constitute a sufficient reason to abridge
free speech--a decision which helped provide a legal foundation
for subsequent anti-war protests.
John Johnson now offers a detailed account of Tinker
that captures the personal struggle of the litigants and places
this seminal constitutional controversy in the legal and historical
context of the 1960s. In this highly readable book, he shows
that the case is important for its divergent perspectives on
the limits of free speech and explains how the majority and dissenting
Court opinions mirrored contemporary attitudes toward the permissible
limits of public protest.
As the most important student rights case ever to reach the
Supreme Court, Tinker raises important issues regarding
First Amendment freedoms and is a strong precedent for both the
rights of public school students and legitimate civil disobedience.
The Struggle for Student Rights contains previously unpublished
information and insights on this well-known case and provides
a fascinating legal window on a turbulent era. With federal and
state courts now considering the limits of speech and symbolic
expressions in our schools, it makes a significant contribution
to understanding the principles that are at stake.
"Johnson's sensitive and perceptive treatment of Tinker
should make all of us aware that teaching students to be good
citizens requires far more than drilling them on facts and dates;
it requires, as the Supreme Court noted, that we teach democracy
by example. This book ought to be required reading for anyone
interested in the connection between democracy and education."--Melvin
I. Urofsky, author of A March of Liberty: A Constitutional
History of the United States
"Johnson tells a fascinating story embedded in a rich
guide to federal courts at work. Give this book to everyone you
know who is in high school or was recently there."--Linda
K. Kerber, author of Toward an Intellectual History of
Women
"An immensely readable legal history of a landmark Supreme
Court ruling and a compelling and intensely personal story about
the lives and beliefs of the central figures in the case. A major
contribution."--Melvin Small, author of Covering
Dissent: The Media and the AntiVietnam War Movement
"A careful and readable study of the first major Supreme
Court decision to protect students' freedom of expression from
school boards' strict local control."--Paul L. Murphy,
author of World War I and the Origin of Civil Liberties in
the United States
JOHN W. JOHNSON is professor of history and department
chair at the University of Northern Iowa. He is the author of
Historic U.S. Court Cases, 16901990: An Encyclopedia
and other works.
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