tinker des moines school argued november decided february petitioners three public school pupils des moines iowa suspended school wearing black armbands protest government policy vietnam sought nominal damages injunction regulation respondents promulgated banning wearing armbands district dismissed complaint ground regulation within board power despite absence finding substantial interference conduct school activities appeals sitting en banc affirmed equally divided held wearing armbands petitioners quiet passive disruptive impinge upon rights others circumstances conduct within protection free speech clause first amendment due process clause fourteenth pp first amendment rights available teachers students subject application light special characteristics school environment pp prohibition expression opinion without evidence rule necessary avoid substantial interference school discipline rights others permissible first fourteenth amendments pp dan johnston argued cause petitioners brief melvin wulf david ellenhorn allan herrick argued cause respondents brief herschel langdon david belin charles morgan filed brief national student association amicus curiae urging reversal justice fortas delivered opinion petitioner john tinker years old petitioner christopher eckhardt years old attended high schools des moines iowa petitioner mary beth tinker john sister student junior high school december group adults students des moines held meeting eckhardt home group determined publicize objections hostilities vietnam support truce wearing black armbands holiday season fasting december new year eve petitioners parents previously engaged similar activities decided participate program principals des moines schools became aware plan wear armbands december met adopted policy student wearing armband school asked remove refused suspended returned without armband petitioners aware regulation school authorities adopted december mary beth christopher wore black armbands schools john tinker wore armband next day sent home suspended school come back without armbands return school planned period wearing armbands expired new year day complaint filed district petitioners fathers title code prayed injunction restraining respondent school officials respondent members board directors school district disciplining petitioners sought nominal damages evidentiary hearing district dismissed complaint upheld constitutionality school authorities action ground reasonable order prevent disturbance school discipline supp referred expressly declined follow fifth circuit holding similar case wearing symbols like armbands prohibited unless materially substantially interfere requirements appropriate discipline operation school burnside byars appeal appeals eighth circuit considered case en banc equally divided district decision accordingly affirmed without opinion granted certiorari first amendment rights applied light special characteristics school environment available teachers students hardly argued either students teachers shed constitutional rights freedom speech expression schoolhouse gate unmistakable holding almost years meyer nebraska bartels iowa opinions justice mcreynolds held due process clause fourteenth amendment prevents forbidding teaching foreign language young students statutes effect held unconstitutionally interfere liberty teacher student parent see also pierce society sisters west virginia barnette mccollum board education wieman updegraff concurring opinion sweezy new hampshire shelton tucker engel vitale keyishian board regents epperson arkansas ante west virginia barnette supra held first amendment student public school may compelled salute flag speaking justice jackson said fourteenth amendment applied protects citizen state creatures boards education excepted course important delicate highly discretionary functions none may perform within limits bill rights educating young citizenship reason scrupulous protection constitutional freedoms individual strangle free mind source teach youth discount important principles government mere platitudes ii school officials banned sought punish petitioners silent passive expression opinion unaccompanied disorder disturbance part petitioners evidence whatever petitioners interference actual nascent schools work collision rights students secure let alone accordingly case concern speech action intrudes upon work schools rights students students school system wore black armbands five students suspended wearing indication work schools class disrupted outside classrooms students made hostile remarks children wearing armbands threats acts violence school premises district concluded action school authorities reasonable based upon fear disturbance wearing armbands system undifferentiated fear apprehension disturbance enough overcome right freedom expression departure absolute regimentation may cause trouble variation majority opinion may inspire fear word spoken class lunchroom campus deviates views another person may start argument cause disturbance constitution says must take risk terminiello chicago history says sort hazardous freedom kind openness basis national strength independence vigor americans grow live relatively permissive often disputatious society order state person school officials justify prohibition particular expression opinion must able show action caused something mere desire avoid discomfort unpleasantness always accompany unpopular viewpoint certainly finding showing engaging forbidden conduct materially substantially interfere requirements appropriate discipline operation school prohibition sustained burnside byars supra present case district made finding independent examination record fails yield evidence school authorities reason anticipate wearing armbands substantially interfere work school impinge upon rights students even official memorandum prepared suspension listed reasons ban wearing armbands made reference anticipation disruption contrary action school authorities appears based upon urgent wish avoid controversy might result expression even silent symbol armbands opposition nation part conflagration vietnam revealing respect meeting school principals decided issue contested regulation called response student statement journalism teacher one schools wanted write article vietnam published school paper student dissuaded also relevant school authorities purport prohibit wearing symbols political controversial significance record shows students schools wore buttons relating national political campaigns even wore iron cross traditionally symbol nazism order prohibiting wearing armbands extend instead particular symbol black armbands worn exhibit opposition nation involvement vietnam singled prohibition clearly prohibition expression one particular opinion least without evidence necessary avoid material substantial interference schoolwork discipline constitutionally permissible system schools may enclaves totalitarianism school officials possess absolute authority students students school well school persons constitution possessed fundamental rights state must respect must respect obligations state system students may regarded recipients state chooses communicate may confined expression sentiments officially approved absence specific showing constitutionally valid reasons regulate speech students entitled freedom expression views judge gewin speaking fifth circuit said school officials suppress expressions feelings wish contend burnside byars supra meyer nebraska supra justice mcreynolds expressed nation repudiation principle state might conduct schools foster homogeneous people said order submerge individual develop ideal citizens sparta assembled males seven barracks intrusted subsequent education training official guardians although measures deliberately approved men great genius ideas touching relation individual state wholly different upon institutions rest hardly affirmed legislature impose restrictions upon people state without violence letter spirit constitution vigilant protection constitutional freedoms nowhere vital community american schools shelton tucker classroom peculiarly marketplace ideas nation future depends upon leaders trained wide exposure robust exchange ideas discovers truth multitude tongues rather kind authoritative selection constitution free speech right given circumscribed exists principle fact freedom expression truly exist right exercised area benevolent government provided safe crackpots constitution says congress may abridge right free speech provision means says properly read permit reasonable regulation activities carefully restricted circumstances confine permissible exercise first amendment rights telephone booth four corners pamphlet supervised ordained discussion school classroom regulation adopted school officials forbidding discussion vietnam conflict expression student opposition anywhere school property except part prescribed classroom exercise obvious regulation violate constitutional rights students least justified showing students activities materially substantially disrupt work discipline school cf hammond south carolina state college supp orderly protest meeting state college campus dickey alabama state board education supp expulsion student editor college newspaper circumstances present case prohibition silent passive witness armbands one children called less offensive constitution guarantees discussed record demonstrate facts might reasonably led school authorities forecast substantial disruption material interference school activities disturbances disorders school premises fact occurred petitioners merely went ordained rounds school deviation consisted wearing sleeve band black cloth two inches wide wore exhibit disapproval vietnam hostilities advocacy truce make views known example influence others adopt neither interrupted school activities sought intrude school affairs lives others caused discussion outside classrooms interference work disorder circumstances constitution permit officials state deny form expression express opinion form relief granted matter lower courts determine reverse remand proceedings consistent opinion reversed remanded footnotes hamilton regents univ sometimes cited broad proposition state may attach conditions attendance state university require individuals violate religious convictions case involved dismissal members religious denomination land grant college refusal participate military training narrowly viewed case turns upon conclusion merely requiring student participate school training military science conflict constitutionally protected freedom conscience decision taken establishing state may impose enforce conditions chooses upon attendance public institutions learning however violative may fundamental constitutional guarantees see west virginia barnette dixon alabama state board education cir knight state board education supp dickey alabama state board education supp see also note unconstitutional conditions harv rev note academic freedom harv rev suggestions fear disorder report former student one high schools killed viet nam friends still school felt kind demonstration existed might evolve something difficult control students one high schools heard say wear arm bands colors black bands prevailed district found school authorities prohibiting black armbands influenced fact viet nam war involvement therein subject major controversy time arm band regulation involved herein promulgated debate viet nam war become vehement many localities protest march war recently held washington wave draft card burning incidents protesting war swept country time two highly publicized draft card burning cases pending individuals supporting war opposing quite vocal expressing views principals meeting director secondary education principal high school informed student principals opposed publication article reported felt friendly conversation although feel convinced student decision one hammond south carolina state college supp district judge hemphill case involving meeting campus students express views school practices pointed school like hospital jail enclosure cf cox louisiana adderley florida public place dedication specific uses imply constitutional rights persons entitled gauged premises purely private property cf edwards south carolina brown louisiana justice stewart concurring although agree much said opinion judgment case share uncritical assumption school discipline aside first amendment rights children adults indeed thought decided otherwise last term ginsberg new york continue hold view expressed case state may permissibly determine least precisely delineated areas child like someone captive audience possessed full capacity individual choice presupposition first amendment guarantees concurring result cf prince massachusetts justice white concurring join opinion deem appropriate note first continues recognize distinction communicating words communicating acts conduct sufficiently impinges valid state interest second subscribe everything appeals said free speech opinion burnside byars cir case relied upon matter us justice black dissenting holding case ushers deem entirely new era power control pupils elected officials state supported public schools ultimate effect transferred brought particular case petition certiorari urging first fourteenth amendments protect right school pupils express political views way kindergarten high school constitutional right political expression asserted right wear black armbands school hours classes order demonstrate students petitioners mourning death soldiers vietnam protest war ordered refrain wearing armbands school elected school officials teachers vested state authority apparently seven school system pupils deliberately refused obey order one defying pupil paul tinker years old second grade another hope tinker years old fifth grade third member tinker family eighth grade fourth member family john tinker years old grade high school pupil father methodist minister without church paid salary american friends service committee another student defied school order insisted wearing armband school christopher eckhardt grade pupil petitioner case mother official women international league peace freedom read opinion relies upon following grounds holding unconstitutional judgment des moines school officials two courts first concludes wearing armbands symbolic speech akin pure speech therefore protected first fourteenth amendments secondly decides public schools appropriate place exercise symbolic speech long normal school functions unreasonably disrupted finally arrogates rather state elected officials charged running schools decision school disciplinary regulations reasonable assuming correct holding conduct wearing armbands purpose conveying political ideas protected first amendment giboney empire storage ice crucial remaining questions whether students teachers may use schools whim platform exercise free speech symbolic pure whether courts allocate function deciding pupils school day spent always believed first fourteenth amendments neither state federal government authority regulate censor content speech never believed person right give speeches engage demonstrations pleases pleases already rejected notion cox louisiana example clearly stated rights free speech assembly mean everyone opinions beliefs express may address group public place time record show armband students shouted used profane language violent manner detailed testimony shows armbands caused comments warnings students poking fun warning older football player nonprotesting students better let alone also evidence teacher mathematics lesson period practically wrecked chiefly disputes mary beth tinker wore armband demonstration even casual reading record shows armband divert students minds regular lessons talk comments made john tinker attending school armband absence obscene remarks boisterous loud disorder perhaps justifies statement armband students actually disrupt classwork think record overwhelmingly shows armbands exactly elected school officials principals foresaw took students minds classwork diverted thoughts highly emotional subject vietnam war repeat time come pupils schools kindergartens grammar schools high schools defy flout orders school officials keep minds schoolwork beginning new revolutionary era permissiveness country fostered judiciary next logical step appears hold unconstitutional laws bar pupils voting elected members boards education district refused hold state school order violated first fourteenth amendments supp holding protest akin speech protected first fourteenth amendments held school order reasonable hence constitutional one time line cases holding reasonableness saw test due process violation two cases upon today heavily relies striking school order used test reasonableness meyer nebraska bartels iowa opinions cases written justice mcreynolds justice holmes opposed reasonableness test dissented holdings justice sutherland constitutional test reasonableness prevailed season test brought president franklin roosevelt fight proposed legislation pass fight left reasonableness constitutional test dead battlefield much ferguson skrupa thorough review old cases able conclude time due process clause used strike laws thought unreasonable unwise incompatible particular economic social philosophy doctrine prevailed lochner coppage adkins burns like cases due process authorizes courts hold laws unconstitutional believe legislature acted unwisely long since discarded deny therefore unmistakable holding almost years students teachers take schoolhouse gate constitutional rights freedom speech expression even meyer hold makes reference symbolic speech strike unreasonable therefore unconstitutional nebraska law barring teaching german language children reached eighth grade one well agree justice holmes justice sutherland law unreasonable bar teaching latin greek pupils reached eighth grade fact think majority reason invalidating nebraska law like legal jargon shocked conscience offended sense justice contrary fundamental concepts world sometimes said see rochin california irvine california truth teacher kindergarten grammar school high school pupils carries school complete right freedom speech expression carries complete freedom speech religion catholic church jewish synagogue person carry senate house complete constitutional right go places contrary rules speak mind subject pleases myth say person constitutional right say pleases pleases pleases decided precisely opposite see cox louisiana adderley florida view teachers public schools hired teach although justice mcreynolds may intimated contrary meyer nebraska supra certainly teacher paid go school teach subjects state hire teach part selected curriculum public school students sent schools public expense broadcast political views educate inform public original idea schools believe yet abandoned worthless date children yet reached point experience wisdom enabled teach elders may nation outworn slogan children seen heard one may hope permitted harbor thought taxpayers send children school premise age need learn teach true principles whole subject judgment spoken justice mckenna waugh mississippi university state passed law barring students peaceably assembling greek letter fraternities providing students joined expelled school law appear surface run afoul first amendment freedom assembly clause law attacked violative due process privileges immunities clause deprivation property liberty fourteenth amendment argued fraternity made members moral taught discipline inspired members study harder obey better rules discipline order rejected fervid pleas fraternities advocates decided unanimously fourteenth amendment arguments next last paragraph made statement complete relevance us today said fraternity complainant belongs moral disciplinary force need denied whether membership makes discipline state mississippi determine remembered university established state control state enactment statute may induced opinion membership prohibited societies divided attention students distracted singleness purpose state desired exist public educational institutions us entertain conjectures opposition views state annul regulations upon disputable considerations wisdom necessity emphasis supplied change said truly law life sometimes old tried true worth holding schools nation undoubtedly contributed giving us tranquility making us people uncontrolled uncontrollable liberty enemy domestic peace close eyes fact country greatest problems crimes committed youth many school age school discipline like parental discipline integral important part training children good citizens better citizens small number students crisply summarily refused obey school order designed give pupils want learn opportunity one need prophet son prophet know holding today students iowa schools indeed schools ready able willing defy teachers practically orders unfortunate schools since groups students land already running loose conducting many student groups familiar read newspapers watch television news programs already engaged rioting property seizures destruction picketed schools force students cross picket lines often violently attacked earnest frightened students wanted education pickets want get students engaged activities apparently confident know far operate public school systems parents teachers elected school officials answer say particular students yet reached high points demands attend classes order exercise political pressures turned loose lawsuits damages injunctions teachers nothing wishful thinking imagine young immature students soon believe right control schools rather right collect taxes hire teachers benefit pupils case therefore wholly without constitutional reasons judgment subjects public schools country whims caprices maybe brightest students one fully persuaded school pupils wise enough even expert help washington run public school systems wish therefore wholly disclaim purpose part hold federal constitution compels teachers parents elected school officials surrender control american public school system public school students dissent petition certiorari presented single question whether first fourteenth amendments permit officials state supported public schools prohibit students wearing symbols political views within school premises symbols disruptive school discipline decorum following associated press article appeared washington evening star january bellingham mass ap todd hennessy filed nominating papers run town park commissioner march election see nothing illegal youth seeking elective office said lee ambler town counsel ca overlook possibility elected legal contract entered park commissioner void juvenile todd junior mount charles academy top scholastic record cantwell connecticut said first amendment declares congress shall make law respecting establishment religion prohibiting free exercise thereof fourteenth amendment rendered legislatures incompetent congress enact laws constitutional inhibition legislation subject religion double aspect one hand forestalls compulsion law acceptance creed practice form worship freedom conscience freedom adhere religious organization form worship individual may choose restricted law hand safeguards free exercise chosen form religion thus amendment embraces two concepts freedom believe freedom act first absolute nature things second conduct remains subject regulation protection society statistical abstract table justice harlan dissenting certainly agree state public school authorities discharge responsibilities wholly exempt requirements fourteenth amendment respecting freedoms expression association time reluctant believe disagreement majority proposition school officials accorded widest authority maintaining discipline good order institutions translate proposition workable constitutional rule cases like cast upon complaining burden showing particular school measure motivated legitimate school concerns example desire prohibit expression unpopular point view permitting expression dominant opinion finding nothing record impugns good faith respondents promulgating armband regulation affirm judgment