DISSENT YESTERDAY AND TODAY: THE TINKER CASE AND ITS LEGACY

摘要

Consistently surfacing throughout U.S. history is the phenomenon of efforts to silence dissenting speech during wartime or other periods of crisis. Tinker v. Des Moines Independent School District arose within such circumstances. More than merely a case about regulating student behavior, Tinker spoke and continues to speak to the debate of liberty versus security. At its core, the ruling's message is the freedom to dissent. This article reviews Tinker from several perspectives, invoking scholarship regarding wartime free speech, fear, conformity and dissent. In addition, commentary from Tinker's principal players is utilized. As with most history-based analyses, by looking back— but through the lens of today—the past, its relevance to the present and, in this case, the legacy of Tinker become more lucid.