Opinion · Supreme Court of the United States

Tinker v. Des Moines Independent Community School District

393 U.S. 503

Type: Opinion
Court: Supreme Court of the United States
Jurisdiction: Federal
Date: 1969-02-24
Topic: bankruptcy

Me. Justice Stewart, concurring. Although I agree with much of what is said in the Court’s opinion, and with its judgment in this case, I *515cannot share the Court’s uncritical assumption that, school discipline aside, the First Amendment rights of children are co-extensive with those of adults. Indeed, I had thought the Court decided otherwise just last Term in Ginsberg v. New York, 390 U.

Me. Justice Stewart,

concurring.

Although I agree with much of what is said in the Court’s opinion, and with its judgment in this case, I *515 cannot share the Court’s uncritical assumption that, school discipline aside, the First Amendment rights of children are co-extensive with those of adults. Indeed, I had thought the Court decided otherwise just last Term in Ginsberg v. New York, 390 U. S. 629. I continue to hold the view I expressed in that case: “[A] State may permissibly determine that, at least in some precisely delineated areas, a child — like someone in a captive audience — is not possessed of that full capacity for individual choice which is the presupposition of First Amendment guarantees.” Id., at 649-650 (concurring in result). Cf. Prince v. Massachusetts, 321 U. S. 158.