What was the dissenting opinion in Tinker?
Asked by: Roxane Runte | Last update: April 6, 2026Score: 4.5/5 (7 votes)
In Tinker v. Des Moines, the dissenting opinions, primarily from Justices Hugo Black and John Marshall Harlan II, argued that students do shed some First Amendment rights at school, that armbands were inherently distracting and interfered with the school's mission, and that school officials should have broad authority to maintain order, not just when disruptions were certain. Black believed the armbands diverted students from learning and empowered the judiciary over elected officials, while Harlan argued for deference to school officials' good faith in maintaining discipline.
What was the dissenting opinion in the Tinker v. Des Moines case?
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.
What was the majority opinion of Tinker?
7–2 decision for Tinker
The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property.
What was the dissenting opinion in Trump v US?
In a dissenting opinion, Justice Sonia Sotomayor wrote that granting immunity from prosecution would reshape the institution of the Presidency and risk permitting criminal conduct by presidents.
How did the justices defend in the case of Tinker v. Des Moines?
The Court held “that the wearing of armbands is 'symbolic speech' which is 'akin' to 'pure speech'” and that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Additionally, the Supreme Court held that the protest did not seriously disturb learning or order at ...
Majority and Dissenting Opinions in Tinker v. Des Moines - Essay Example
What were the majority and dissenting opinions?
A dissenting opinion is an appellate opinion of one or more judges which disagrees with the reasoning stated in the majority or plurality opinion and, consequently, with the result reached in a case.
What was Justice Black's dissenting opinion?
MR. JUSTICE BLACK, dissenting.
The Court's holding in this case ushers in what I deem to be an entirely new era in which the power to control pupils by the elected "officials of state supported public schools . . ." in the United States is in ultimate effect transferred to the Supreme Court.
What is the dissenting opinion?
A dissenting opinion refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case. A party who writes a dissenting opinion is said to dissent.
Who appointed more judges, Trump or Obama?
While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts.
What are famous dissenting opinions?
Here is a quick look at some noteworthy dissents from the bench that are still discussed today.
- Dred Scott v. Sandford, March 6, 1857: ...
- Plessy v. Ferguson, May 18, 1896: ...
- Olmstead v. United States, June 4, 1928: ...
- Minersville School District v. ...
- Korematsu v. ...
- Abington School District v. ...
- FCC v. ...
- Lawrence v.
What was the argument in Tinker v. Des Moines?
In Tinker, a group of high school students wore black armbands to school to protest the Vietnam War. The students were disciplined by the school for wearing the armbands, and the students filed a lawsuit arguing that their armbands were a form of symbolic protest protected by the First Amendment.
Which best summarizes the dissenting opinion Tinker v. Des Moines Supreme Court case concerned two students?
The best summary of the dissenting opinion is: D. Schools have reserved the right to limit expression in past cases and the armbands were, indeed, disruptive.
What are the limits to student free speech?
However, speech that is obscene, libelous, or slanderous; or that so incites students that it creates a clear and present danger of unlawful acts on school premises, violations of school regulations, or the substantial disruption of the orderly operation of the school, is prohibited.
What is the rule in Tinker?
The court's 1969 landmark decision in Tinker v. Des Moines affirmed that “students do not leave their freedoms of speech and expression at the school door.” The ruling established a precedent for student rights that continues to shape legal battles today.
What was the quote from Tinker v. Des Moines?
Tinker v. Des Moines Independent Community School District (1969)
- “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
- “The classroom is peculiarly the 'marketplace of ideas.
What does the black armband mean in the Vietnam War?
Description. In the 1960s, some Des Moines students tested the U.S. Constitution's definition of freedom of speech. A few students wore black armbands to school to support a truce (period of peace) in the Vietnam War (1965-73). Black armbands are a symbol of sadness that are sometimes worn to protest some action.
Why couldn't Obama appoint a Supreme Court justice?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
How many judges did Joe Biden appoint?
The total number of Article III judges nominated by Biden and confirmed by the United States Senate was 235, including one associate justice of the Supreme Court of the United States, 45 judges for the United States courts of appeals, 187 judges for the United States district courts and two judges for the United States ...
Can a Supreme Court justice be removed?
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.
Who dissented in Trump v. Casa?
Justice Sonia Sotomayor filed a dissent which was joined by Justices Elena Kagan and Ketanji Brown Jackson. Sotomayor argued the government had avoided requesting a complete stay of the injunctions because doing so would require them to prove Executive Order 14160 was likely constitutional.
What famous cases had strong dissents?
Famous U.S. Supreme Court cases with influential dissents include Plessy v. Ferguson (Harlan's "Our Constitution is color-blind" dissent), Dred Scott v. Sandford (Curtis's dissent), Olmstead v. United States (Brandeis's dissent on privacy), and Korematsu v. United States (Jackson's dissent against Japanese Internment), with Justices like RBG, Scalia, and Holmes also known for powerful dissents that often foreshadowed future legal shifts.
Can a dissenting vote change anything?
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned.
Can the president overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
How biased is the U.S. Supreme Court?
The Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
Can the president change the number of Supreme Court justices?
No, the President cannot unilaterally change the number of Supreme Court Justices; that power belongs to Congress, which can pass a law (like the Judiciary Acts) to alter the size, and the President would then sign it, but the President cannot just add justices on their own. Congress sets the number of justices, and while historically it's been nine since 1869, they have the constitutional authority to change it through legislation, though doing so for purely political reasons (like "court packing") is controversial and has never succeeded, notes Stevens & Lee and NBC News.