1A in Action: Mary Beth Tinker and a Landmark Fight for Students’ Free Speech Rights
Mary Beth Tinker just wanted to make a statement. She ended up making First Amendment history.
In 1965, a group of students in Des Moines, Iowa — including Mary Beth, her brother John and their friend Christopher Eckhardt — planned to wear black armbands to school to protest the Vietnam War. School officials learned of the protest and adopted a policy prohibiting the wearing of armbands, but the students still wore them and were suspended.
That kicked off a four-year legal fight, culminating in a landmark U.S. Supreme Court win that resonates decades later and has left an impact on what free speech and expression rights students have in public schools.
Editor's note: This profile is part of 1A in Action, an ongoing series that tells the stories of the people, groups and movements that bring the five First Amendment freedoms to life every day.
What was at stake:
First Amendment law is clear: What you wear, including an article of clothing that makes a political statement, is just as expressive as what you say and counts as protected speech.
At the time, however, there was no established First Amendment protection for students while they were in school; school administrators could largely control students’ speech, expression, viewpoints and voice.
The Tinker case changed this.
What happened:
The American Civil Liberties Union took up the students’ case, which eventually landed before the Supreme Court in 1969. In a 7-2 decision, the court ruled in favor of the students (Tinker v. Des Moines Independent Community School District). It acknowledged the school can restrict some expression to maintain the educational environment but ultimately said the armbands were not disruptive.
Writing for the majority, Justice Abe Fortas said, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” — establishing students’ First Amendment rights in public schools.
Students don’t, however, have the same rights as they do outside school. Schools can limit some speech — including what students wear — when there is a clear need to maintain a safe and nondisruptive learning environment for other students.
But there are limits to those limits, and schools cannot restrict speech solely because administrators don’t like the message, such as being against a war. That is considered too broad, even in a school.
Mary Beth, the youngest of the three, went on to lead a long career in public health and nursing. But she’s kept her roots in advocacy for students’ free speech as a frequent speaker and activist on the topic. She teamed up with the Student Press Law Center in 2013 to launch the national “Tinker Tour” across the country, during which she engaged more than 20,000 students and teachers at nearly 60 stops. More recently, in July 2025, she participated in the Smithsonian Folklife Festival, speaking at a youth-focused free expression program hosted by Freedom Forum.
What Mary Beth Tinker says:
“There’s a lesson that I learned that day that I've been telling students all over the country ever since, which is that you don't have to be the bravest person on Earth. You don't have to have that much courage. You can have a little tiny bit of courage, and you can still find some way to speak up about the things that you care about.”
— Mary Beth Tinker speaking at the 2025 Smithsonian Folklife Festival
Why it matters to you:
The First Amendment protects political speech and expression from government interference, even when your views are unpopular or challenge those in power. Unlike voting, free speech doesn’t have a minimum age. Because of the Tinker case, public school students can generally express their views on a range of causes.
Mary Beth’s case — where students challenged a punishment in court that they thought was unfair — also demonstrated the power of another First Amendment right: the freedom of petition.
Mary Beth Tinker’s inspiration:
“I value the First Amendment because it helps young people advocate for themselves, for their own interests,” Mary Beth told Freedom Forum at the 2025 Smithsonian Folklife Festival. “And what a time it is when young people need to advocate for those interests and improve things, not only in our communities, but in our world.”
Thoughts from a First Amendment expert:
“Mary Beth Tinker’s silent protest made her one of the loudest, most influential voices for student expression in American history. Her resounding Supreme Court win established key legal protections for K-12 students that have endured for half a century. Meanwhile, she’s still out on the road connecting with students of all ages about the power of speaking out. Her story continues to serve as the powerful answer to young people everywhere questioning whether their voice matters.”
— Alex Morey, First Amendment specialist, Freedom Forum
Learn more:
There’s a lot to learn about freedom of speech, petition and the First Amendment. Here’s more about the freedom of speech and some of its limits. Here’s more on the freedom of petition. And here’s much more about the First Amendment.
Keep in touch:
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Scott A. Leadingham is a content writer at Freedom Forum. He can be reached at [email protected].
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