In the suit, he requested a $1 payment and a command for the schools to stop their new policy under 42 U.S. Code 1983. In September of 1966, the court recognized the rights of the students to free speech, but there was no ruling forcing the school district to stop the armband policy. Loosely using Burnside v. Byars, the court said that the armbands could have caused a disruption due to the protest and that the school officials were correct in limiting their speech.
After this court had released its opinion, the Tinkers took their case to the U.S. Court of Appeals in 1967. However, similar issues came up as in the U.S. District Court and there was a tie. As is the procedure when a tie results in an appeals case, the U.S. District Court’s ruling stood. Knowing that there was one more option left to them, the Tinkers submitted a petition for writ of certiorari of the Supreme Court.
No comments:
Post a Comment