Tinker Case History
Hearing of the students’ suspension, Iowa Civil Liberties Union President Louise Rosenfield Noun believed that the Tinkers and Eckhardt had First Amendment rights and urged her local chapter to help with their lawyers. Dan Johnston was chosen to represent them. On March 14, 1966, Johnston filed a complaint on behalf of Christopher Eckhardt and John and Mary Beth Tinker, as well as their fathers as “next friends” in the U.S. District Court for the Southern District of Iowa. On September 1, 1966, the District Court entered a memorandum opinion dismissing the case. Story continued below.
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Johnston appealed the district court’s decision to the U.S. Court of Appeals for the Eighth Circuit. The case was first heard on April 14, 1967, before a three-judge panel. After considering the panels arguments and without reaching a decision, the panel took the unusual step of referring the case directly to the full court for an initial decision. The case was reargued before the full court on October 16, 1967. In yet another turn of events, on November 3, 1967, the eight judges split 4-4, issuing a short order stating that the decision of the district court was affirmed “by an equally-divided” court. Story continued below.
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Johnston then petitioned the U.S. Supreme Court for certiorari, which was granted. Oral argument was held on November 12, 1968. On February 24, 1968, the U.S. Supreme Court reversed the lower courts in a 7-2 decision, and ruled in favor of the students. Justice Fortas wrote the majority opinion and stressed the importance of First Amendment rights by saying, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech at the schoolhouse gate.”
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