Tinker v. Des Moines School District/Concurrence White
From Wikisource
| ←United States Supreme Court | Concurrence White by Concurring Opinion |
| Tinker v. Des Moines Independent Community School District... resulted in a decision defining the constitutional rights of students in U.S. public schools. It is considered one of the Court's more controversial decisions of the 1960s regarding freedom of speech. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights.— Excerpted from Tinker v. Des Moines on Wikipedia, the free encyclopedia. |
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| Case Syllabus |
| Opinion of the Court |
| Concurring Opinions Stewart White |
| Dissenting Opinions Black Harlan |
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| Linked cases: 413 U.S. 15 478 U.S. 675 484 U.S. 260 |
MR. JUSTICE WHITE, concurring.
While I join the Court's opinion, I deem it appropriate to note, first, that the Court continues to recognize a distinction between communicating by words and communicating by acts or conduct which sufficiently impinges on some valid state interest; and, second, that I do not subscribe to everything the Court of Appeals said about free speech in its opinion in Burnside v. Byars, 363 F.2d 744, 748 (C. A. 5th Cir. 1966), a case relied upon by the Court in the matter now before us.
