The majority in this case repeatedly cites the Fifth Circuit decision Burnside v. Byars for the relevant standard; it also uses the earlier opinions of Justice McReynolds in Bartels v. Iowa and Meyer v. Nebraska on reasonableness, which is cited as erroneous in Justice Black's dissent. Decided a year after United States v. O'Brien, Justice Harlan added a short dissent in this case, which involved an unnamed petitioner Christopher Eckhardt. Justices Stewart and White issued short concurrences to the majority opinion by Abe Fortas, which held that the central behavior was "akin to pure speech" and that "undifferentiated fear" could not be used to prohibit a symbolic act which does not "materially and substantially interfere with requirements of discipline." FTP, name
The majority in this case repeatedly cites the Fifth Circuit decision Burnside v. Byars for the relevant standard; it also uses the earlier opinions of Justice McReynolds in Bartels v. Iowa and Meyer v. Nebraska on reasonableness, which is cited as erroneous in Justice Black's dissent. Decided a year after United States v. O'Brien, Justice Harlan added a short dissent in this case, which involved an unnamed petitioner Christopher Eckhardt. Justices Stewart and White issued short concurrences to the majority opinion by Abe Fortas, which held that the central behavior was "akin to pure speech" and that "undifferentiated fear" could not be used to prohibit a symbolic act which does not "materially and substantially interfere with requirements of discipline." FTP, name this 1969 case about the wearing of black armbands to protest the Vietnam War at a school in Des Moines.
The majority in this case repeatedly cites the Fifth Circuit decision Burnside v. Byars for the relevant standard; it also uses the earlier opinions of Justice McReynolds in Bartels v. Iowa and Meyer v. Nebraska on reasonableness, which is cited as erroneous in Justice Black's dissent.
Tinker v. Des Moines Independent Community School District