Tinker v. Des Moines Independent Community School District/Concurrence White

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Linked case(s):
413 U.S. 15
478 U.S. 675
484 U.S. 260

United States Supreme Court

393 U.S. 503

TINKER  v.  DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

 Argued: Nov. 12, 1968. --- Decided: Feb 24, 1969


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.

Notes[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).