Tinker v. Des Moines, 393, U.S., 503 (1969)

John and Mary Beth Tinker, aged 13 and 16 respectively, attended public school in Des Moines, Iowa. In December, 1965, they and their parents attended a meeting to discuss ways of protesting the Vietnam War. The group decided to publicly wear black armbands as a symbol of their protest.
When the school principals heard about the decision at the meeting, they passed a rule that prohibited the wearing of an armband in school; those who would refuse to remove an armband would be suspended from school until it was removed. The principals stated that they hoped that this rule would prevent any disorder.
The Tinkers, aware of the new rule, wore their armbands to school. During the day no classes were disorderly and school went on as usual. Before the end of the day, however, the Tinkers went home because the school principal suspended them until they would remove the armbands. Their parents disagreed with the school's rule and actions, and took the case to court. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:
1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.
2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.
3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.

The Verdict:
The U.S. Supreme Court ruled in favor of Tinker in this case. In Tinker v. Des Moines, 393, U.S., 503 (1969), the U.S. Supreme Court ruled 7-2 against the school and in favor of the students wearing the armbands, provided their actions or speech do not interfere with school work or the rights of others in the classroom.