healy james argued march decided june petitioners seeking form local chapter students democratic society sds college denied recognition campus organization recognition entitled petitioners use campus facilities meetings use campus bulletin board school newspaper college president denied recognition satisfied petitioners group independent national sds concluded philosophy disruption violence conflict college declaration student rights petitioners thereupon brought action declaratory injunctive relief district first ordered administrative hearing president reaffirmed prior decision approving president judgment district held petitioners failed show function free national sds college refusal approve group found likely cause violent acts disruption violate petitioners associational rights appeals purporting reach first amendment issues affirmed ground petitioners failed avail due process accorded meet burden complying prevailing standards recognition held courts erred discounting cognizable first amendment associational interest petitioners furthering personal beliefs assuming burden petitioners show entitlement recognition college rather college justify nonrecognition group petitioners made application conformably college requirements pp insofar denial recognition petitioners group based assumed relationship national sds result disagreement group philosophy consequence fear disruption support record college decision violated petitioners first amendment rights proper basis nonrecognition might afforded however showing group refused comply rule requiring abide reasonable campus regulations since record clear whether college rule whether petitioners intend observe issues remain resolved pp powell delivered opinion burger douglas brennan stewart white marshall blackmun joined burger filed concurring opinion post douglas filed separate opinion post rehnquist filed statement concurring result post melvin wulf argued cause petitioners brief eugene dubose alvin pudlin sanford jay rosen michael ahern assistant attorney general connecticut argued cause respondents brief robert killian attorney general briefs amici curiae urging affirmance filed evelle younger attorney general california donald day deputy attorney general board trustees california state colleges frank carrington alan ganz americans effective law enforcement morris leibman philip kurland american association presidents independent colleges universities justice powell delivered opinion case arising denial state college official recognition group students desired form local chapter students democratic society sds presents questions requiring application first amendment principles factual background particular case raises constitutional issues manner heretofore passed infrequently presented lower federal courts decision today governed existing precedent case involves delicate issues concerning academic community approach task special caution recognizing mutual interest students faculty members administrators environment free disruptive interference educational process also mindful equally significant interest widest latitude free expression debate consonant maintenance order interests appear compete first amendment made binding fourteenth amendment strikes required balance mention briefly outset setting climate unrest prevailed many college campuses country widespread civil disobedience campuses accompanied seizure buildings vandalism arson colleges shut altogether others files looted manuscripts destroyed sds chapters campuses catalytic force period although causes campus disruption many complex one prime consequences activities denial lawful exercise first amendment rights majority students indeed many cherished characteristics long associated institutions higher learning appeared endangered fortunately passage time calmer atmosphere greater maturity pervade campuses yet climate earlier unrest case arose petitioners students attending central connecticut state college ccsc institution higher learning september undertook organize referred local chapter sds pursuant procedures established college petitioners filed request official recognition campus organization student affairs committee committee composed four students three faculty members dean student affairs request specified three purposes proposed organization existence provide forum discussion students developing analysis american society serve agency integrating thought action bring constructive changes endeavor provide coordinating body relating problems leftist students interested groups campus community committee satisfied statement purposes clear unobjectionable face exhibited concern relationship proposed local group national sds organization response inquiries representatives proposed organization stated affiliate national organization group remain completely independent response questions asked committee members concerning sds reputation campus disruption applicants made following statements proved significant later stages proceedings respond issues violence chapters action dependent upon issue use means possible ca say know know issues envision interrupting class impossible say vote six two committee ultimately approved application recommended president college james organization accorded official recognition approving application majority indicated decision premised belief varying viewpoints represented campus since young americans freedom young democrats young republicans liberal party enjoyed recognized status group available left wing students might identify majority also noted relied organization claim independence finally admonished organization immediate suspension considered group activities proved incompatible school policies interference privacy students destruction property two dissenting members based reservation primarily lack clarity regarding organization independence several days later president rejected committee recommendation issued statement indicating petitioners organization accorded benefits official campus recognition accompanying remarks set full margin indicate several reasons action found organization philosophy antithetical school policies group independence doubtful concluded approval granted group openly repudiates college dedication academic freedom denial official recognition posed serious problems organization existence growth members deprived opportunity place announcements regarding meetings rallies activities student newspaper precluded using various campus bulletin boards importantly nonrecognition barred using campus facilities holding meetings latter disability brought home petitioners shortly president announcement petitioners circulated notice calling meeting discuss action taken light group official rejection members met coffee shop student center devils den disbanded president order since nonrecognized groups entitled use facilities efforts gain recognition proved ultimately unsuccessful made feel burden nonrecognition petitioners resorted courts filed suit district district connecticut seeking declaratory injunctive relief president college administrators state board trustees petitioners primary complaint centered denial first amendment rights expression association arising denial campus recognition cause submitted initially stipulated facts short hearing judge ruled petitioners denied procedural due process president based decision conclusions regarding applicant affiliation outside record concluded president wished act basis material outside application must least provide petitioners hearing opportunity introduce evidence affiliations supp retaining jurisdiction case district ordered respondents hold hearing order clarify several ambiguities surrounding president decision one matters explored whether local organization true repeated affirmations fact independent national sds hearing demonstrated two separable respondents instructed might review aims philosophy national organization ibid pursuant order president designated dean judd dean student affairs serve hearing officer hearing scheduled hearing spanned two dates lasted approximately two hours added little terms objective substantive evidence record case petitioners introduced statement offering change organization name ccsc local chapter sds students democratic society central connecticut state college reaffirmed connection whatsoever structure existing national organization petitioners also introduced testimony faculty adviser effect local sds organizations elsewhere unaffiliated national organization hearing officer addition introducing minutes two pertinent student affairs committee meetings also introduced sua sponte portions transcript hearings house representatives internal security committee investigating activities sds excerpts offered prove violent disruptive activities attributed sds elsewhere demonstrate existed national organization recognized cooperated regional local college campus affiliates petitioners challenge asserted existence national sds question system affiliations sort contention simply organization associate network throughout hearing parties acting cross purposes seemed relevant one appeared completely immaterial failure hearing advance litigation bottom consequence basic failure join issue considerations control president ultimate decision problem return ensuing section upon reviewing hearing transcript exhibits president reaffirmed prior decision deny petitioners recognition campus organization reasons stated closely paralleling initial reasons group disruptive influence ccsc recognition contrary orderly process change campus president second statement issued case returned district ordered dismissed concluded first formal requisites procedural due process complied second petitioners failed meet burden showing function free national organization third college refusal place stamp approval organization whose conduct found likely cause violent acts disruption violate petitioners associational rights supp petitioners appealed appeals second circuit vote district judgment affirmed majority purported reach substantive first amendment issues theory petitioners failed avail due process accorded failed meet burden complying prevailing standards recognition judge smith dissented disagreeing majority refusal address merits finding petitioners deprived basic first amendment rights granted certiorari reasons follow conclude judgments courts must reversed case remanded reconsideration ii outset note state colleges universities enclaves immune sweep first amendment hardly argued either students teachers shed constitutional rights freedom speech expression schoolhouse gate tinker des moines independent school district course justice fortas made clear tinker first amendment rights must always applied light special characteristics environment particular case ibid educational institutions involved long recognized need affirming comprehensive authority school officials consistent fundamental constitutional safeguards prescribe control conduct schools yet precedents leave room view acknowledged need order first amendment protections apply less force college campuses community large quite contrary vigilant protection constitutional freedoms nowhere vital community american schools shelton tucker college classroom surrounding environs peculiarly marketplace ideas break new constitutional ground reaffirming nation dedication safeguarding academic freedom keyishian board regents sweezy new hampshire plurality opinion chief justice warren frankfurter concurring result among rights protected first amendment right individuals associate personal beliefs freedom association explicitly set amendment long held implicit freedoms speech assembly petition see baird state bar arizona naacp button louisiana ex rel gremillion naacp naacp alabama ex rel patterson harlan unanimous doubt denial official recognition without justification college organizations burdens abridges associational right primary impediment free association flowing nonrecognition denial use campus facilities meetings appropriate purposes practical effect nonrecognition demonstrated case several days president decision announced petitioners allowed hold meeting campus coffee shop approved group petitioners associational interests also circumscribed denial use campus bulletin boards school newspaper organization remain viable entity campus community new students enter regular basis must possess means communicating students moreover organization ability participate intellectual give take campus debate pursue stated purposes limited denial access customary media communicating administration faculty members students impediments viewed insubstantial respondents courts appear taken view denial official recognition case abridged constitutional rights district concluded president james discretionary action denying application legitimately magnified distorted constitutionally cognizable interference personal ideas beliefs segment college students neither action deter material way individual advocacy personal beliefs action reasonably construed invasion chilling effect academic freedom agree characterization courts consequences nonrecognition may concede justice harlan opinion unanimous naacp alabama ex rel patterson administration taken direct action restrict rights petitioners associate freely constitution protection limited direct interference fundamental rights requirement patterson naacp disclose membership lists found impermissible though indirect infringement members associational rights likewise case group possible ability exist outside campus community ameliorate significantly disabilities imposed president action free disregard practical realities justice stewart made salient point freedoms protected frontal attack also stifled subtle governmental interference bates city little rock see also sweezy new hampshire frankfurter concurring result watkins opinions also assumed petitioners burden showing entitlement recognition college petitioners challenged procedural requirement file application conformity rules college question view courts final rejection rest failure convince administration organization unaffiliated national sds reasons stated later opinion consider issue affiliation controlling one apart particular issue petitioners filed application conformity requirements burden upon college administration justify decision rejection see law students civil rights research council wadmond speiser randall remembered effect college denial recognition form prior restraint denying petitioners organization range associational activities described college legitimate interest preventing disruption campus circumstances requiring safeguarding interest may justify restraint heavy burden rests college demonstrate appropriateness action see near minnesota organization better austin keefe freedman maryland iii fundamental errors discounting existence cognizable first amendment interest misplacing burden proof require judgments reversed unable conclude basis exists upon nonrecognition might appropriate indeed based reasonable reading ambiguous facts case appears least one potentially acceptable ground denial recognition ambiguous state record conclude case remanded effort provide guidance lower courts upon reconsideration appropriate discuss several bases president james decision four possible justifications nonrecognition closely related might derived record statements three grounds inadequate substantiate decision fourth however merit outset controversy case centered large measure around relationship petitioners group national sds student affairs committee meetings reflected minutes focused considerable attention issue hearing also directed primarily question despite assurances petitioners counsel local group fact independent national organization evident president james significantly influenced apprehension connection aware fact sds chapters associated disruptive violent campus activity apparently considered affiliation sufficient justification denying recognition although precise issue come heretofore consistently disapproved governmental action imposing criminal sanctions denying rights privileges solely citizen association unpopular organization see robel keyishian board regents elfbrandt russell scales cases established guilt association alone without establishing individual association poses threat feared government impermissible basis upon deny first amendment rights robel supra government burden establishing knowing affiliation organization possessing unlawful aims goals specific intent illegal aims students democratic society conceded college lower courts loosely organized various factions promoting number diverse social political views call unlawful action petitioners proclaim complete independence organization also indicated shared beliefs leaders expressed record clear relationship adequate ground denial recognition concluded petitioners affiliated least retained affinity national sds president james attributed believed philosophy organization local group characterized petitioning group adhering major tenets national organization including philosophy violence disruption understandably found philosophy abhorrent article signed president james alumni periodical made part record announced unwillingness sanction organization openly advocates destruction ideals freedoms upon academic life founded emphasized petitioners philosophies counter official policy college mere disagreement president group philosophy affords reason deny recognition repugnant views may especially one president james responsibility mere expression justify denial first amendment rights whether petitioners fact advocate philosophy destruction thus becomes immaterial college acting instrumentality state may restrict speech association simply finds views expressed group abhorrent justice black put simply clearly believe often repeated freedoms speech press petition assembly guaranteed first amendment must accorded ideas hate sooner later denied ideas cherish communist party sacb dissenting opinion litigation progressed district third rationale president james decision beyond questions affiliation philosophy began emerge second statement issued hearing indicates based rejection conclusion particular group disruptive influence ccsc language underscored second district opinion fact concluded president determined prospective campus activities likely cause disruptive influence ccsc reason directed organization activities rather philosophy factually supported record prior decisions provide basis considering propriety nonrecognition critical line heretofore drawn determining permissibility regulation line mere advocacy advocacy directed inciting producing imminent lawless action likely incite produce action brandenburg ohio unanimous per curiam opinion see also scales noto yates context special characteristics school environment power government prohibit lawless action limited acts criminal nature also prohibitable actions materially substantially disrupt work discipline school tinker des moines independent school district associational activities need tolerated infringe reasonable campus rules interrupt classes substantially interfere opportunity students obtain education student bill rights ccsc upon great emphasis placed president draws precisely distinction advocacy action purports impose limitations right college student organizations examine discuss questions interest emphasis supplied also students right deprive others opportunity speak heard invade privacy others damage property others disrupt regular essential operation college interfere rights others line permissible speech impermissible conduct tracks constitutional requirement evidential basis support conclusion posed substantial threat material disruption violation command president decision affirmed record however offers substantial basis conclusion support view expressed president reputed affiliation national sds found ambivalent responses offered group representatives student affairs committee hearing stated know whether might respond issues violence manner sds chapters campuses state unequivocally never envision interrupting class whatever force statements might thought largely dissipated following exchange petitioners counsel dean student affairs hearing counsel read document offering minutes student affairs committee meeting ca see anything intimates students contemplate illegal disruptive practice dean question raised counselor app references record group equivocation regarding might respond issues violence whether ever envision interrupting class suggest fourth possible reason recognition might denied petitioners remarks might well read announcing petitioners unwillingness bound reasonable school rules governing conduct college statement rights freedoms responsibilities students contains seen explicit statement respect campus disruption regulation carefully differentiating advocacy action reasonable one petitioners questioned directly yet statements raise considerable question whether intend abide prohibitions contained therein already stated parts critical line first amendment purposes must drawn advocacy entitled full protection action petitioners may choose preach propriety amending even away campus regulations may however undertake flout rules justice blackmun time circuit judge eighth circuit stated hold college inherent power promulgate rules regulations inherent power properly discipline power appropriately protect property may expect students adhere generally accepted standards conduct esteban central missouri state college cert denied petitioners challenged litigation procedural substantive aspects college requirements governing applications official recognition although record unclear point ccsc may among requirements recognition rule prospective groups affirm intend comply reasonable campus regulations upon remand first determined whether college recognition procedures contemplate requirement ascertained whether petitioners intend comply since terms specific prior affirmation rule us called decide whether particular formulation prove constitutionally acceptable assuming existence valid rule however conclude benefits participation internal life college community may denied group reserves right violate valid campus rules disagrees iv think discussion establishes appropriate framework consideration petitioners request campus recognition respondents failed accord due recognition first amendment principles judgments approving respondents denial recognition must reversed since conclude record petitioners willing abide reasonable campus rules regulations order case remanded reconsideration note holding wide latitude accorded constitution freedoms expression association without costs terms risk maintenance civility ordered society indeed latitude often resulted campus elsewhere infringement rights others though deplore tendency abuse constitutional privileges invoke although infringement rights others certainly tolerated reaffirm dedication principles bill rights upon vigorous free society founded reversed remanded footnotes statement purposes set appendix second circuit opinion appears following dissent thereto committee consideration petitioners application one group representatives asked indeed desired remain independent chose use nationally known name witness response name brings mind type organization wish bring across organization allow students interested express president stated though full appreciation action student affairs committee reasons stated minutes majority vote recommending approval local chapter students democratic society judgment statement purpose form local chapter students democratic society carries full unmistakable adherence least major tenets national organization loose divided though organization may published aims philosophy students democratic society include disruption violence contrary approved policy faculty students administration central connecticut state college students right invade privacy others damage property others disrupt regular essential operation college interfere rights others statement request recognition ccsc students democratic society dictates national organization way clarifies group intends follow established policy college wish become local chapter organization openly repudiates policy freedom speech academic freedom campus freedom establishing open forum exchange ideas freedoms outlined statement rights freedoms responsibilities students college students student organizations shall right examine discuss questions interest express opinion publicly privately support causes orderly means may organize public demonstrations protest gatherings utilize right petition precious freedoms cherish freedoms stand approve organization individual joins organization openly repudiates principles contrary freedoms approved statement rights freedoms responsibilities students central app ccsc adopted many colleges universities statement rights freedoms responsibilities students statement commonly referred student bill rights printed appendix second circuit majority opinion case see supra part statement establishes standards approval campus organizations imposes several basic limitations campus activities care shall taken establishment organization campus groups basic rights freedoms responsibilities students preserved student organizations shall submit clear statement purpose criteria membership rules procedures list officers condition institutional recognition shall required submit membership list condition institutional recognition membership campus organizations shall limited matriculated students day evening college membership shall restricted race religion nationality members shall sole power determine organization policy consistent regulations college organization free choose adviser advisers organizations shall advise control organizations policies college students student organizations shall right examine discuss questions interest express opinion publicly privately support causes orderly means may organize public demonstrations protest gatherings utilize right petition students right deprive others opportunity speak heard invade privacy others damage property others disrupt regular essential operation college interfere rights others meeting petitioners approached two college deans served petitioners memorandum president stating notice received office meeting thursday november devils den meeting may take place devils den student center property college since duly recognized college organization hereby notified action cease desist meeting college property supp hearing officer petitioners objection ruled statement inadmissible apparently ground constitute amendment original application beyond permissible scope hearing whatever merits ruling statement record reviewed president relied subsequent district opinion without reference prior exclusion ibid unclear record whether recognition also carries right seek funds school budget petitioners counsel oral argument indicated official recognition entitled group make application use student funds tr oral arg first district opinion however flatly ecognition thereby entitle organization college financial support supp since appears least recognition entitles group apply funds since record silent criteria used allocating funds consider possible funding associational aspect nonrecognition case statements contrast first opinion district reflected full appreciation constitutional significance petitioners claim standards official recognition require applicants provide clear statement purposes criteria membership rules procedure list officers applicants must limit membership matriculated students may discriminate basis race religion nationality standards state groups may examine discuss questions interest may conduct demonstrations utilize right petition prohibited interfering rights students see supra petitioners challenged standards validity question see supra complete text president statement addition cases cited text see also law students civil rights research council wadmond stolar aptheker secretary state noto see hearings subcommittee house committee appropriations pt former director federal bureau investigation edgar hoover stated violent factions spun sds present leadership critical bombing violence petitioners asserted independence orally written submission student affairs committee restated nonaffiliation formal statement filed prior hearing indication contrary unwillingness eschew use sds name altogether see supra representatives group stated student affairs committee meetings identify national statements wished simply pick certain ideas organization see supra tinker des moines independent school district see supra may sufficient merely show existence legitimate substantial state interest state action designed regulate prohibitable action also restricts associational rights nonrecognition state must demonstrate action taken reasonably related protection state interest incidental restriction alleged first amendment freedoms greater essential furtherance interest see also naacp alabama ex rel flowers gibson florida legislative investigation committee naacp alabama ex rel patterson record absent showing likelihood disruption unwillingness recognize reasonable rules governing campus conduct necessary us decide whether denial recognition appropriately related narrow response see supra appeals found petitioners failed candidly respond inquiries whether resort violence disruption ccsc campus including interruption classes petitioners statements may read intimating rejection reasonable regulations advance fact substantial ambiguity point questions asked members student affairs committee appear propounded clear distinction mind petitioners might advocate conduct might engage student affairs committee attempt obtain clarification petitioners ambiguous answers asking specifically whether group willing abide student bill rights governing campus organizations moreover question among referred district administrative hearing addressed tangentially group members made statements student affairs committee testify position clarified counsel whose tactics characterized disruptive appeals elected make argumentative statements rather elicit relevant testimony indeed district failure identify question willingness abide college rules regulations significant subject inquiry coupled equivocation part group representatives lends support view remand necessary see adderley florida cox louisiana louisiana ex rel gremillion naacp addition college administration broad rulemaking power assure traditional academic atmosphere safeguarded may also impose sanctions violate rules find instance student affairs committee admonition petitioners case suggests one permissible practice recognition accorded may withdrawn suspended petitioners fail respect campus law see university southern mississippi chapter mississippi civil liberties union university southern mississippi american civil liberties union radford college supp wd chief justice burger concurring agreement said opinion join read basis remand recognizing student organizations seeking privilege official campus recognition must willing abide valid rules institution applicable organizations reasonable condition insofar calls disavowal resort force disruption interference rights others district judge troubled lack comprehensive procedural scheme inform students steps taken secure recognized standing lack articulated criteria used evaluating eligibility recognition reason read record remanded matter college factual inquiry orderly processing de novo hearing within college administrative structure within structure within academic community problems resolved courts state federal last resort part educational experience every college student experience responsible must joint enterprise students faculty imposed unilaterally terms relationship dictated students spite wisdom district sending case back college issue identified opinion today adequately addressed hearing relatively placid life college campus past prepared either administrators students respective responsibilities maintaining atmosphere divergent views asserted vigorously civilly end seek heard accord right others statement rights freedoms responsibilities students sometimes called student bill rights effect campus questioned petitioners reflected rational adjustment competing interests impossible know record case whether student group willing acknowledge obligation abide bill rights background action remanding issue appropriate justice douglas join opinion add words birenbaum says status quo college university governing body trustees overseers administrative officers include caretakers police faculty groups vaguely inferred values perpetuate customary technique conceive minds students receptacles information faculty garnered years education commonly thought process filling receptacles faculty wisdom deems fit proper many inside faculty circles realize one main problems faculty members narrow specialties hardly relevant modern times history passed others leaving interesting relics bygone day often represent withered pressures mccarthyism forces conformity represent timid replica brought distinction ideal academic freedom confrontation oncoming students often upsetting problem one choosing sides students reason amendment become eligible vote years age adults members college university community interests concerns often quite different faculty often values views ideologies war ones college traditionally espoused indoctrinated ask change students speak tradition jefferson madison first amendment first amendment authorize violence authorize advocacy group activities espousal change present case minuscule events fact come ultimate resolution indicates sickness academic world measured first amendment standards students well faculty entitled credentials search truth become integrated adult society rather stubborn status quo opposed change students faculties communal interests age learns without ferment one kind another college university like federal agency human institution becomes useless appendage society traditionally reflected spirit rebellion appendix opinion douglas compulsory ghetto fails community inhabitants lack power develop common goals pursue effectively together fails fatal disconnection possession use power cognition knowledge form power carries political responsibility respects campus like compulsory ghetto deplore view university terms powerful political role american society must account institution use political power terms purposes come feel lately partly guess legal reasoning styles exposed playing around structure universities days playing tinker toys new committees new senates new formulae necessarily mean anything changed indeed berkeley columbia harvard chicago valid examples restructuring turns one brilliant new inventions sustaining status quo vested interests essential privileges involved current efforts restructure university yet completely surface substantial part melting iceberg still waterline part student critique university deserves attention bears upon teach teach terms taught one interesting things critique points building programs corporate investments relationships immediate community society views citizenship inside university turn projections applications call called education critique suggests perfectly absurd conclusion relationship long hair long war nurse negro freshman course pollution fresh air education freedom free obviously contemporary american student activist crazy probably made mistake revealing students really much know one way learn way come accept gospel encouraged view curriculum development essentially sophisticated art selection interpretation emphasis vested interest understanding naturally begun ask key political questions bearing upon vested interests privileges experience talent empowered select empowered employ interpret deploy wealth required support enterprise obviously control kept systems inside extremely important students still generally concede older adults teach may know something also asserting uniqueness experience claiming may know something charge returned kindergarten level rediscover principle long revered american education student plays positive active role something definite essential contribute education young suspended precariously society obsessed vietnam violence race violence crime violence culture violence restating eternal questions education important learn may people best learn together regarding enduring questions also asking eternal question society officially encourages young grow free even keeping bondage namely shall judge regarding problems questions suggest academic tradition responds uptight delineation jurisdictions powers within university today campus disruptions born years although mind thomas jefferson anchored traditions heidelberg oxford paris bologna rome greece religions early christians ancient hebrews minds like transformed old something quite new case proposal university virginia created course latest thing necessarily truth adventure genuine new departure unlike institutions learning created country since morrill act establishment traditions university west operating within traditions university produced revolutionary knowledge institutionally uses knowledge directed mainly toward confirmation status quo particularly political cultural status quo themes peace integration equality freedom humane uses knowledge ones traditionally fall beyond purview university principle main themes society run counter deployment knowledge spite vietnam poverty racism overbearing logic technology spite main themes country principle still revolutionary reflected questions revolutionary knowledge developed universities used humanely conform jefferson colleagues apparently meant equality mean whatever meant means still achieve version consistent adventure reason democracy really consistent war behalf peace given know realistic negroes property suddenly become people genocides decent others cesspools fragrant others event know crammed full americans really believe practice preach problem oversold america many good friends looking street violence circuses courts campuses believe confront deeply phenomenon think face serious threat american values completely misread going face vibrant reassertion country claims always claimed birenbaum something everybody enough see appendix opinion justice rehnquist concurring result subscribe language opinion concur result reaches understand holding case sent back reconsideration respondents may made sufficiently clear petitioners decision recognition critically influenced petitioners willingness agree advance abide reasonable regulations promulgated college find implication clear opinion constitutional limitations government acting administrator college differ limitations government acting sovereign enforce criminal laws quotations tinker des moines independent school district effect first amendment rights must always applied light special characteristics environment esteban central missouri state college effect college may expect students adhere generally accepted standards conduct emphasize fact cases public workers mitchell pickering board education make equally clear government capacity employer also differs constitutionally government capacity sovereign executing criminal laws pickering said problem case arrive balance interests teacher citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees prior cases dealing first amendment rights fungible goods think doctrine cases suggests two important distinctions government employer school administrator may impose upon employees students reasonable regulations impermissible imposed government upon citizens constitutional distinction infliction criminal punishment one hand imposition milder administrative disciplinary sanctions even though first amendment interest implicated language used tends obscure distinctions believe important concur result