applying Tinker when student suspended for refusing to remove an anti- war button
How later courts described this case
- applying Tinker when student suspended for refusing to remove an anti- war button
Written by the judges who cited it.
The opinion
McALLISTER, Senior Circuit Judge
(dissenting).
When a few students noticed the button which appellant was wearing, and asked him “what it said,” appellant’s explanation resulted only in a casual reaction; and there was no indication that the wearing of the button would disrupt the work and discipline of the school.
I am of the opinion that the judgment of the district court should be reversed and the case dismissed upon the authority of Tinker v. Des Moines Independent School District, 393 U.S. 503 , 89 S.Ct. 733 , 21 L.Ed.2d 731 (1969).