text:
United States Supreme Court
TINKER v. DES MOINES SCHOOL DIST., (1969)
No. 21
Argued: November 12, 1968    Decided: February 24, 1969

Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. 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.

383 F.2d 988, reversed and remanded.

Dan L. Johnston argued the cause for petitioners. With him on the brief were Melvin L. Wulf and David N. Ellenhorn.

Allan A. Herrick argued the cause for respondents. With him on the brief were Herschel G. Langdon and David W. Belin.

Charles Morgan, Jr., filed a brief for the United States National Student Association, as amicus curiae, urging reversal. [393 U.S. 503, 504]

MR. JUSTICE FORTAS delivered the opinion of the Court.

Petitioner John F. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. Petitioner Mary Beth Tinker, John's sister, was a 13-year-old student in junior high school.

In December 1965, a group of adults and students in Des Moines held a meeting at the Eckhardt home. The group determined to publicize their objections to the hostilities in Vietnam and their support for a truce by wearing black armbands during the holiday season and by fasting on December 16 and New Year's Eve. Petitioners and their parents had previously engaged in similar activities, and they decided to participate in the program.

The principals of the Des Moines schools became aware of the plan to wear armbands. On December 14, 1965, they met and adopted a policy that any student wearing an armband to school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. Petitioners were aware of the regulation that the school authorities adopted.

On December 16, Mary Beth and Christopher wore black armbands to their schools. John Tinker wore his armband the next day. They were all sent home and suspended from school until they would come back without their armbands. They did not return to school until after the planned period for wearing armbands had expired - that is, until after New Year's Day.

This complaint was filed in the United States District Court by petitioners, through their fathers, under 1983 of Title 42 of the United States Code. It prayed for an injunction restraining the respondent school officials and the respondent members of the board of directors of the school district from disciplining the petitioners, and it sought nominal damages. After an evidentiary hearing the District Court dismissed the complaint. It upheld [393 U.S. 503, 505]   the constitutionality of the school authorities' action on the ground that it was reasonable in order to prevent disturbance of school discipline. 258 F. Supp. 971 (1966). The court referred to but expressly declined to follow the Fifth Circuit's holding in a similar case that the wearing of symbols like the armbands cannot be prohibited unless it "materially and substantially interfere[s] with the requirements of appropriate discipline in the operation of the school." Burnside v. Byars, 363 F.2d 744, 749 (1966). 1

On appeal, the Court of Appeals for the Eighth Circuit considered the case en banc. The court was equally divided, and the District Court's decision was accordingly affirmed, without opinion. 383 F.2d 988 (1967). We granted certiorari. 390 U.S. 942 (1968).
I.
The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment. See West Virginia v. Barnette, 319 U.S. 624 (1943); Stromberg v. California, 283 U.S. 359 (1931). Cf. Thornhill v. Alabama, 310 U.S. 88 (1940); Edwards v. South Carolina, 372 U.S. 229 (1963); Brown v. Louisiana, 383 U.S. 131 (1966). As we shall discuss, the wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it. It was closely akin to "pure speech" [393 U.S. 503, 506]   which, we have repeatedly held, is entitled to comprehensive protection under the First Amendment. Cf. Cox v. Louisiana, 379 U.S. 536, 555 (1965); Adderley v. Florida, 385 U.S. 39 (1966).

First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years. In Meyer v. Nebraska, 262 U.S. 390 (1923), and Bartels v. Iowa, 262 U.S. 404 (1923), this Court, in opinions by Mr. Justice McReynolds, held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students. Statutes to this effect, the Court held, unconstitutionally interfere with the liberty of teacher, student, and parent. 2 See also Pierce v. Society of Sisters, [393 U.S. 503, 507]   268 U.S. 510 (1925); West Virginia v. Barnette, 319 U.S. 624 (1943); McCollum v. Board of Education, 333 U.S. 203 (1948); Wieman v. Updegraff, 344 U.S. 183, 195 (1952) (concurring opinion); Sweezy v. New Hampshire, 354 U.S. 234 (1957); Shelton v. Tucker, 364 U.S. 479, 487 (1960); Engel v. Vitale, 370 U.S. 421 (1962); Keyishian v. Board of Regents, 385 U.S. 589, 603 (1967); Epperson v. Arkansas, ante, p. 97 (1968).

In West Virginia v. Barnette, supra, this Court held that under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said:

    "The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures - Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes." 319 U.S., at 637 .

On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools. See Epperson v. Arkansas, supra, at 104; Meyer v. Nebraska, supra, at 402. Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities.
II.
The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, [393 U.S. 503, 508]   to hair style, or deportment. Cf. Ferrell v. Dallas Independent School District, 392 F.2d 697 (1968); Pugsley v. Sellmeyer, 158 Ark. 247, 250 S. W. 538 (1923). It does not concern aggressive, disruptive action or even group demonstrations. Our problem involves direct, primary First Amendment rights akin to "pure speech."

The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.

Only a few of the 18,000 students in the school system wore the black armbands. Only five students were suspended for wearing them. There is no indication that the work of the schools or any class was disrupted. Outside the classrooms, a few students made hostile remarks to the children wearing armbands, but there were no threats or acts of violence on school premises.

The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk, Terminiello v. Chicago, 337 U.S. 1 (1949); and our history says that it is this sort of hazardous freedom - this kind of openness - that is [393 U.S. 503, 509]   the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.

In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained. Burnside v. Byars, supra, at 749.

In the present case, the District Court made no such finding, and our independent examination of the record fails to yield evidence that the school authorities had reason to anticipate that the wearing of the armbands would substantially interfere with the work of the school or impinge upon the rights of other students. Even an official memorandum prepared after the suspension that listed the reasons for the ban on wearing the armbands made no reference to the anticipation of such disruption. 3   [393 U.S. 503, 510]

On the contrary, the action of the school authorities appears to have been based upon an urgent wish to avoid the controversy which might result from the expression, even by the silent symbol of armbands, of opposition to this Nation's part in the conflagration in Vietnam. 4 It is revealing, in this respect, that the meeting at which the school principals decided to issue the contested regulation was called in response to a student's statement to the journalism teacher in one of the schools that he wanted to write an article on Vietnam and have it published in the school paper. (The student was dissuaded. 5 )

It is also relevant that the school authorities did not purport to prohibit the wearing of all symbols of political or controversial significance. The record shows that students in some of the schools wore buttons relating to national political campaigns, and some even wore the Iron Cross, traditionally a symbol of Nazism. The order prohibiting the wearing of armbands did not extend to these. Instead, a particular symbol - black armbands worn to exhibit opposition to this Nation's involvement [393 U.S. 503, 511]   in Vietnam - was singled out for prohibition. Clearly, the prohibition of expression of one particular opinion, at least without evidence that it is necessary to avoid material and substantial interference with schoolwork or discipline, is not constitutionally permissible.

In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views. As Judge Gewin, speaking for the Fifth Circuit, said, school officials cannot suppress "expressions of feelings with which they do not wish to contend." Burnside v. Byars, supra, at 749.

In Meyer v. Nebraska, supra, at 402, Mr. Justice McReynolds expressed this Nation's repudiation of the principle that a State might so conduct its schools as to "foster a homogeneous people." He said:

    "In order to submerge the individual and develop ideal citizens, Sparta assembled the males at seven into barracks and intrusted their subsequent education and training to official guardians. Although such measures have been deliberately approved by men of great genius, their ideas touching the relation between individual and State were wholly different from those upon which our institutions rest; and it hardly will be affirmed that any legislature could impose such restrictions upon the people of a [393 U.S. 503, 512]   State without doing violence to both letter and spirit of the Constitution."

This principle has been repeated by this Court on numerous occasions during the intervening years. In Keyishian v. Board of Regents, 385 U.S. 589, 603 , MR. JUSTICE BRENNAN, speaking for the Court, said:

    "`The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.' Shelton v. Tucker, [ 364 U.S. 479 ,] at 487. The classroom is peculiarly the `marketplace of ideas.' The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth `out of a multitude of tongues, [rather] than through any kind of authoritative selection.'"

The principle of these cases is not confined to the supervised and ordained discussion which takes place in the classroom. The principal use to which the schools are dedicated is to accommodate students during prescribed hours for the purpose of certain types of activities. Among those activities is personal intercommunication among the students. 6 This is not only an inevitable part of the process of attending school; it is also an important part of the educational process. A student's rights, therefore, do not embrace merely the classroom hours. When he is in the cafeteria, or on the playing field, or on [393 U.S. 503, 513]   the campus during the authorized hours, he may express his opinions, even on controversial subjects like the conflict in Vietnam, if he does so without "materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school" and without colliding with the rights of others. Burnside v. Byars, supra, at 749. But conduct by the student, in class or out of it, which for any reason - whether it stems from time, place, or type of behavior - materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech. Cf. Blackwell v. Issaquena County Board of Education, 363 F.2d 749 (C. A. 5th Cir. 1966).

Under our Constitution, free speech is not a right that is given only to be so circumscribed that it exists in principle but not in fact. Freedom of expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom.

If a regulation were adopted by school officials forbidding discussion of the Vietnam conflict, or the expression by any student of opposition to it anywhere on school property except as part of a prescribed classroom exercise, it would be obvious that the regulation would violate the constitutional rights of students, at least if it could not be justified by a showing that the students' activities would materially and substantially disrupt the work and discipline of the school. Cf. Hammond [393 U.S. 503, 514]   v. South Carolina State College, 272 F. Supp. 947 (D.C. S. C. 1967) (orderly protest meeting on state college campus); Dickey v. Alabama State Board of Education, 273 F. Supp. 613 (D.C. M. D. Ala. 1967) (expulsion of student editor of college newspaper). In the circumstances of the present case, the prohibition of the silent, passive "witness of the armbands," as one of the children called it, is no less offensive to the Constitution's guarantees.

As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred. These petitioners merely went about their ordained rounds in school. Their deviation consisted only in wearing on their sleeve a band of black cloth, not more than two inches wide. They wore it to exhibit their disapproval of the Vietnam hostilities and their advocacy of a truce, to make their views known, and, by their example, to influence others to adopt them. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.

We express no opinion as to the form of relief which should be granted, this being a matter for the lower courts to determine. We reverse and remand for further proceedings consistent with this opinion.

    Reversed and remanded.

Footnotes
[ Footnote 1 ] In Burnside, the Fifth Circuit ordered that high school authorities be enjoined from enforcing a regulation forbidding students to wear "freedom buttons." It is instructive that in Blackwell v. Issaquena County Board of Education, 363 F.2d 749 (1966), the same panel on the same day reached the opposite result on different facts. It declined to enjoin enforcement of such a regulation in another high school where the students wearing freedom buttons harassed students who did not wear them and created much disturbance.

[ Footnote 2 ] Hamilton v. Regents of Univ. of Cal., 293 U.S. 245 (1934), is sometimes cited for the broad proposition that the State may attach conditions to attendance at a state university that require individuals to violate their religious convictions. The case involved dismissal of members of a religious denomination from a land grant college for refusal to participate in military training. Narrowly viewed, the case turns upon the Court's conclusion that merely requiring a student to participate in school training in military "science" could not conflict with his constitutionally protected freedom of conscience. The decision cannot be taken as establishing that the State may impose and enforce any conditions that it chooses upon attendance at public institutions of learning, however violative they may be of fundamental constitutional guarantees. See, e. g., West Virginia v. Barnette, 319 U.S. 624 (1943); Dixon v. Alabama State Board of Education, 294 F.2d 150 (C. A. 5th Cir. 1961); Knight v. State Board of Education, 200 F. Supp. 174 (D.C. M. D. Tenn. 1961); Dickey v. Alabama State Board of Education, 273 F. Supp. 613 (D.C. M. D. Ala. 1967). See also Note, Unconstitutional Conditions, 73 Harv. L. Rev. 1595 (1960); Note, Academic Freedom, 81 Harv. L. Rev. 1045 (1968).

[ Footnote 3 ] The only suggestions of fear of disorder in the report are these:

    "A former student of one of our high schools was killed in Viet Nam. Some of his friends are still in school and it was felt that if any kind of a demonstration existed, it might evolve into something which would be difficult to control."

    "Students at one of the high schools were heard to say they would wear arm bands of other colors if the black bands prevailed."

Moreover, the testimony of school authorities at trial indicates that it was not fear of disruption that motivated the regulation prohibiting the armbands; the regulation was directed against "the principle of the demonstration" itself. School authorities simply felt that "the schools are no place for demonstrations," and if the students "didn't like the way our elected officials were handling things, it should be handled with the ballot box and not in the halls of our public schools."

[ Footnote 4 ] The District Court found that the school authorities, in prohibiting black armbands, were influenced by the fact that "[t]he Viet Nam war and the involvement of the United States therein has been the subject of a major controversy for some time. When the arm band regulation involved herein was promulgated, debate over the Viet Nam war had become vehement in many localities. A protest march against the war had been recently held in Washington, D.C. A wave of draft card burning incidents protesting the war had swept the country. At that time two highly publicized draft card burning cases were pending in this Court. Both individuals supporting the war and those opposing it were quite vocal in expressing their views." 258 F. Supp., at 972-973.

[ Footnote 5 ] After the principals' meeting, the director of secondary education and the principal of the high school informed the student that the principals were opposed to publication of his article. They reported that "we felt that it was a very friendly conversation, although we did not feel that we had convinced the student that our decision was a just one."

[ Footnote 6 ] In Hammond v. South Carolina State College, 272 F. Supp. 947 (D.C. S. C. 1967), District Judge Hemphill had before him a case involving a meeting on campus of 300 students to express their views on school practices. He pointed out that a school is not like a hospital or a jail enclosure. Cf. Cox v. Louisiana, 379 U.S. 536 (1965); Adderley v. Florida, 385 U.S. 39 (1966). It is a public place, and its dedication to specific uses does not imply that the constitutional rights of persons entitled to be there are to be gauged as if the premises were purely private property. Cf. Edwards v. South Carolina, 372 U.S. 229 (1963); Brown v. Louisiana, 383 U.S. 131 (1966).

MR. 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 [393 U.S. 503, 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 .

MR. JUSTICE WHITE, concurring.

While I join the Court's opinion, I deem it appropriate to note, first, that the Court continues to recognize a distinction between communicating by words and communicating by acts or conduct which sufficiently impinges on some valid state interest; and, second, that I do not subscribe to everything the Court of Appeals said about free speech in its opinion in Burnside v. Byars, 363 F.2d 744, 748 (C. A. 5th Cir. 1966), a case relied upon by the Court in the matter now before us.

MR. JUSTICE BLACK, dissenting.

The Court's holding in this case ushers in what I deem to be an entirely new era in which the power to control pupils by the elected "officials of state supported public schools . . ." in the United States is in ultimate effect transferred to the Supreme Court. 1 The Court brought [393 U.S. 503, 516]   this particular case here on a petition for certiorari urging that the First and Fourteenth Amendments protect the right of school pupils to express their political views all the way "from kindergarten through high school." Here the constitutional right to "political expression" asserted was a right to wear black armbands during school hours and at classes in order to demonstrate to the other students that the petitioners were mourning because of the death of United States soldiers in Vietnam and to protest that war which they were against. Ordered to refrain from wearing the armbands in school by the elected school officials and the teachers vested with state authority to do so, apparently only seven out of the school system's 18,000 pupils deliberately refused to obey the order. One defying pupil was Paul Tinker, 8 years old, who was in the second grade; another, Hope Tinker, was 11 years old and in the fifth grade; a third member of the Tinker family was 13, in the eighth grade; and a fourth member of the same family was John Tinker, 15 years old, an 11th grade high school pupil. Their father, a Methodist minister without a church, is paid a salary by the American Friends Service Committee. Another student who defied the school order and insisted on wearing an armband in school was Christopher Eckhardt, an 11th grade pupil and a petitioner in this case. His mother is an official in the Women's International League for Peace and Freedom.

As I read the Court's opinion it relies upon the following grounds for holding unconstitutional the judgment of the Des Moines school officials and the two courts below. First, the Court concludes that the wearing of armbands is "symbolic speech" which is "akin to `pure speech'" and therefore protected by the First and Fourteenth Amendments. Secondly, the Court decides that the public schools are an appropriate place to exercise "symbolic speech" as long as normal school functions [393 U.S. 503, 517]   are not "unreasonably" disrupted. Finally, the Court arrogates to itself, rather than to the State's elected officials charged with running the schools, the decision as to which school disciplinary regulations are "reasonable."

Assuming that the Court is correct in holding that the conduct of wearing armbands for the purpose of conveying political ideas is protected by the First Amendment, cf., e. g., Giboney v. Empire Storage #amp# Ice Co., 336 U.S. 490 (1949), the crucial remaining questions are whether students and teachers may use the schools at their whim as a platform for the exercise of free speech - "symbolic" or "pure" - and whether the courts will allocate to themselves the function of deciding how the pupils' school day will be spent. While I have always believed that under the First and Fourteenth Amendments neither the State nor the Federal Government has any authority to regulate or censor the content of speech, I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases. This Court has already rejected such a notion. In Cox v. Louisiana, 379 U.S. 536, 554 (1965), for example, the Court clearly stated that the rights of free speech and assembly "do not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time."

While the record does not show that any of these armband students shouted, used profane language, or were violent in any manner, detailed testimony by some of them shows their armbands caused comments, warnings by other students, the poking of fun at them, and a warning by an older football player that other, nonprotesting students had better let them alone. There is also evidence that a teacher of mathematics had his lesson period practically "wrecked" chiefly by disputes with Mary Beth Tinker, who wore her armband for her "demonstration." [393 U.S. 503, 518]   Even a casual reading of the record shows that this armband did divert students' minds from their regular lessons, and that talk, comments, etc., made John Tinker "self-conscious" in attending school with his armband. While the absence of obscene remarks or boisterous and loud disorder perhaps justifies the Court's statement that the few armband students did not actually "disrupt" the classwork, I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students' minds off their classwork and diverted them to thoughts about the highly emotional subject of the Vietnam war. And I repeat that if the time has come when pupils of state-supported schools, kindergartens, grammar schools, or high schools, can defy and flout orders of school officials to keep their minds on their own schoolwork, it is the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary. The next logical step, it appears to me, would be to hold unconstitutional laws that bar pupils under 21 or 18 from voting, or from being elected members of the boards of education. 2

The United States District Court refused to hold that the state school order violated the First and Fourteenth Amendments. 258 F. Supp. 971. Holding that the protest was akin to speech, which is protected by the First [393 U.S. 503, 519]   and Fourteenth Amendments, that court held that the school order was "reasonable" and hence constitutional. There was at one time a line of cases holding "reasonableness" as the court saw it to be the test of a "due process" violation. Two cases upon which the Court today heavily relies for striking down this school order used this test of reasonableness, Meyer v. Nebraska, 262 U.S. 390 (1923), and Bartels v. Iowa, 262 U.S. 404 (1923). The opinions in both cases were written by Mr. Justice McReynolds; Mr. Justice Holmes, who opposed this reasonableness test, dissented from the holdings as did Mr. Justice Sutherland. This constitutional test of reasonableness prevailed in this Court for a season. It was this test that brought on President Franklin Roosevelt's well-known Court fight. His proposed legislation did not pass, but the fight left the "reasonableness" constitutional test dead on the battlefield, so much so that this Court in Ferguson v. Skrupa, 372 U.S. 726, 729 , 730, after a thorough review of the old cases, was able to conclude in 1963:

    "There was a time when the Due Process Clause was used by this Court to strike down laws which were thought unreasonable, that is, unwise or incompatible with some particular economic or social philosophy.

    . . . . .

    "The doctrine that prevailed in Lochner, Coppage, Adkins, Burns, and like cases - that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely - has long since been discarded."

The Ferguson case totally repudiated the old reasonableness-due process test, the doctrine that judges have the power to hold laws unconstitutional upon the belief of judges that they "shock the conscience" or that they are [393 U.S. 503, 520]   "unreasonable," "arbitrary," "irrational," "contrary to fundamental `decency,'" or some other such flexible term without precise boundaries. I have many times expressed my opposition to that concept on the ground that it gives judges power to strike down any law they do not like. If the majority of the Court today, by agreeing to the opinion of my Brother FORTAS, is resurrecting that old reasonableness-due process test, I think the constitutional change should be plainly, unequivocally, and forthrightly stated for the benefit of the bench and bar. It will be a sad day for the country, I believe, when the present-day Court returns to the McReynolds due process concept. Other cases cited by the Court do not, as implied, follow the McReynolds reasonableness doctrine. West Virginia v. Barnette, 319 U.S. 624 , clearly rejecting the "reasonableness" test, held that the Fourteenth Amendment made the First applicable to the States, and that the two forbade a State to compel little schoolchildren to salute the United States flag when they had religious scruples against doing so. 3 Neither Thornhill v. Alabama, 310 U.S. 88 ; Stromberg v. California, 283 U.S. 359 ; Edwards [393 U.S. 503, 521]   v. South Carolina, 372 U.S. 229 ; nor Brown v. Louisiana, 383 U.S. 131 , related to schoolchildren at all, and none of these cases embraced Mr. Justice McReynolds' reasonableness test; and Thornhill, Edwards, and Brown relied on the vagueness of state statutes under scrutiny to hold them unconstitutional. Cox v. Louisiana, 379 U.S. 536, 555 , and Adderley v. Florida, 385 U.S. 39 , cited by the Court as a "compare," indicating, I suppose, that these two cases are no longer the law, were not rested to the slightest extent on the Meyer and Bartels "reasonableness-due process-McReynolds" constitutional test.

I deny, therefore, that it has been the "unmistakable holding of this Court for almost 50 years" that "students" and "teachers" take with them into the "schoolhouse gate" constitutional rights to "freedom of speech or expression." Even Meyer did not hold that. It makes no reference to "symbolic speech" at all; what it did was to strike down as "unreasonable" and therefore unconstitutional a Nebraska law barring the teaching of the German language before the children reached the eighth grade. One can well agree with Mr. Justice Holmes and Mr. Justice Sutherland, as I do, that such a law was no more unreasonable than it would be to bar the teaching of Latin and Greek to pupils who have not reached the eighth grade. In fact, I think the majority's reason for invalidating the Nebraska law was that it did not like it or in legal jargon that it "shocked the Court's conscience," "offended its sense of justice," or was "contrary to fundamental concepts of the English-speaking world," as the Court has sometimes said. See, e. g., Rochin v. California, 342 U.S. 165 , and Irvine v. California, 347 U.S. 128 . The truth is that a teacher of kindergarten, grammar school, or high school pupils no more carries into a school with him a complete right to freedom of speech and expression than an anti-Catholic or anti-Semite carries with him a complete freedom of [393 U.S. 503, 522]   speech and religion into a Catholic church or Jewish synagogue. Nor does a person carry with him into the United States Senate or House, or into the Supreme Court, or any other court, a complete constitutional right to go into those places contrary to their rules and speak his mind on any subject he pleases. It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases. Our Court has decided precisely the opposite. See, e. g., Cox v. Louisiana, 379 U.S. 536, 555 ; Adderley v. Florida, 385 U.S. 39 .

In my view, teachers in state-controlled public schools are hired to teach there. Although Mr. Justice McReynolds may have intimated to the contrary in Meyer v. Nebraska, supra, certainly a teacher is not paid to go into school and teach subjects the State does not hire him to teach as a part of its selected curriculum. Nor are public school students sent to the schools at public expense to broadcast political or any other views to educate and inform the public. The original idea of schools, which I do not believe is yet abandoned as worthless or out of date, was that children had not yet reached the point of experience and wisdom which enabled them to teach all of their elders. It may be that the Nation has outworn the old-fashioned slogan that "children are to be seen not heard," but one may, I hope, be permitted to harbor the thought that taxpayers send children to school on the premise that at their age they need to learn, not teach.

The true principles on this whole subject were in my judgment spoken by Mr. Justice McKenna for the Court in Waugh v. Mississippi University in 237 U.S. 589, 596 -597. The State had there passed a law barring students from peaceably assembling in Greek letter fraternities and providing that students who joined them could be expelled from school. This law would appear on the surface to run afoul of the First Amendment's [393 U.S. 503, 523]   freedom of assembly clause. The law was attacked as violative of due process and of the privileges and immunities clause and as a deprivation of property and of liberty, under the Fourteenth Amendment. It was argued that the fraternity made its members more moral, taught discipline, and inspired its members to study harder and to obey better the rules of discipline and order. This Court rejected all the "fervid" pleas of the fraternities' advocates and decided unanimously against these Fourteenth Amendment arguments. The Court in its next to the last paragraph made this statement which has complete relevance for us today:

    "It is said that the fraternity to which complainant belongs is a moral and of itself a disciplinary force. This need not be denied. But whether such membership makes against discipline was for the State of Mississippi to determine. It is to be remembered that the University was established by the State and is under the control of the State, and the enactment of the statute may have been induced by the opinion that membership in the prohibited societies divided the attention of the students and distracted from that singleness of purpose which the State desired to exist in its public educational institutions. It is not for us to entertain conjectures in opposition to the views of the State and annul its regulations upon disputable considerations of their wisdom or necessity." (Emphasis supplied.)

It was on the foregoing argument that this Court sustained the power of Mississippi to curtail the First Amendment's right of peaceable assembly. And the same reasons are equally applicable to curtailing in the States' public schools the right to complete freedom of expression. Iowa's public schools, like Mississippi's university, are operated to give students an opportunity to learn, not to talk politics by actual speech, or by "symbolic" [393 U.S. 503, 524]   speech. And, as I have pointed out before, the record amply shows that public protest in the school classes against the Vietnam war "distracted from that singleness of purpose which the State [here Iowa] desired to exist in its public educational institutions." Here the Court should accord Iowa educational institutions the same right to determine for themselves to what extent free expression should be allowed in its schools as it accorded Mississippi with reference to freedom of assembly. But even if the record were silent as to protests against the Vietnam war distracting students from their assigned class work, members of this Court, like all other citizens, know, without being told, that the disputes over the wisdom of the Vietnam war have disrupted and divided this country as few other issues ever have. Of course students, like other people, cannot concentrate on lesser issues when black armbands are being ostentatiously displayed in their presence to call attention to the wounded and dead of the war, some of the wounded and the dead being their friends and neighbors. It was, of course, to distract the attention of other students that some students insisted up to the very point of their own suspension from school that they were determined to sit in school with their symbolic armbands.

Change has been said to be truly the law of life but sometimes the old and the tried and true are worth holding. The schools of this Nation have undoubtedly contributed to giving us tranquility and to making us a more law-abiding people. Uncontrolled and uncontrollable liberty is an enemy to domestic peace. We cannot close our eyes to the fact that some of the country's greatest problems are crimes committed by the youth, too many of school age. School discipline, like parental discipline, is an integral and important part of training our children to be good citizens - to be better citizens. Here a very small number of students have crisply and summarily [393 U.S. 503, 525]   refused to obey a school order designed to give pupils who want to learn the opportunity to do so. One does not need to be a prophet or the son of a prophet to know that after the Court's holding today some students in Iowa schools and indeed in all schools will be ready, able, and willing to defy their teachers on practically all orders. This is the more unfortunate for the schools since groups of students all over the land are already running loose, conducting break-ins, sit-ins, lie-ins, and smash-ins. Many of these student groups, as is all too familiar to all who read the newspapers and watch the television news programs, have already engaged in rioting, property seizures, and destruction. They have picketed schools to force students not to cross their picket lines and have too often violently attacked earnest but frightened students who wanted an education that the pickets did not want them to get. Students engaged in such activities are apparently confident that they know far more about how to operate public school systems than do their parents, teachers, and elected school officials. It is no answer to say that the particular students here have not yet reached such high points in their demands to attend classes in order to exercise their political pressures. Turned loose with lawsuits for damages and injunctions against their teachers as they are here, it is nothing but wishful thinking to imagine that young, immature students will not soon believe it is their right to control the schools rather than the right of the States that collect the taxes to hire the teachers for the benefit of the pupils. This case, therefore, wholly without constitutional reasons in my judgment, subjects all the public schools in the country to the whims and caprices of their loudest-mouthed, but maybe not their brightest, students. I, for one, am not fully persuaded that school pupils are wise enough, even with this Court's expert help from Washington, to run the 23,390 public school [393 U.S. 503, 526]   systems 4 in our 50 States. I wish, therefore, wholly to disclaim any purpose on my part to hold that the Federal Constitution compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students. I dissent.

[ Footnote 1 ] The petition for certiorari here presented this single question:

    "Whether the First and Fourteenth Amendments permit officials of state supported public schools to prohibit students from wearing symbols of political views within school premises where the symbols are not disruptive of school discipline or decorum."

[ Footnote 2 ] The following Associated Press article appeared in the Washington Evening Star, January 11, 1969, p. A-2, col. 1:

    "BELLINGHAM, Mass. (AP) - Todd R. Hennessy, 16, has filed nominating papers to run for town park commissioner in the March election.

    "`I can see nothing illegal in the youth's seeking the elective office,' said Lee Ambler, the town counsel. `But I can't overlook the possibility that if he is elected any legal contract entered into by the park commissioner would be void because he is a juvenile.'

    "Todd is a junior in Mount St. Charles Academy, where he has a top scholastic record."

[ Footnote 3 ] In Cantwell v. Connecticut, 310 U.S. 296, 303 -304 (1940), this Court said:

    "The First Amendment declares that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. The Fourteenth Amendment has rendered the legislatures of the states as incompetent as Congress to enact such laws. The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand, it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship. Freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. On the other hand, it safeguards the free exercise of the chosen form of religion. Thus the Amendment embraces two concepts, - freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society."

[ Footnote 4 ] Statistical Abstract of the United States (1968), Table No. 578, p. 406.

MR. JUSTICE HARLAN, dissenting.

I certainly agree that state public school authorities in the discharge of their responsibilities are not wholly exempt from the requirements of the Fourteenth Amendment respecting the freedoms of expression and association. At the same time I am reluctant to believe that there is any disagreement between the majority and myself on the proposition that school officials should be accorded the widest authority in maintaining discipline and good order in their institutions. To translate that proposition into a workable constitutional rule, I would, in cases like this, cast upon those complaining the burden of showing that a particular school measure was motivated by other than legitimate school concerns - for example, a desire to prohibit the expression of an unpopular point of view, while permitting expression of the dominant opinion.

Finding nothing in this record which impugns the good faith of respondents in promulgating the armband regulation, I would affirm the judgment below. [393 U.S. 503, 527]

label: Sentence

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text: their

text: conduct

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text: protection

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text: Clause

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text: school

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text: Pp

text: A

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text: rule

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text: substantial

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text: school

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text: the

text: rights

text: of

text: others

text: is

text: not

text: permissible

text: under

text: the

text: First

text: and

text: Fourteenth

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text: Pp

text: F

text: d

text: reversed

text: and

text: remanded

text: Dan

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text: cause

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text: petitioners

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text: him

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text: Melvin

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text: Wulf

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text: David

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text: Ellenhorn

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text: David

text: W

text: Belin

text: Charles

text: Morgan

text: Jr

text: filed

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text: brief

text: for

text: the

text: United

text: States

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text: Student

text: Association

text: as

text: amicus

text: curiae

text: urging

text: reversal

text: U

text: S

text: MR

text: JUSTICE

text: FORTAS

text: delivered

text: the

text: opinion

text: of

text: the

text: Court

text: Petitioner

text: John

text: F

text: Tinker

text: years

text: old

text: and

text: petitioner

text: Christopher

text: Eckhardt

text: years

text: old

text: attended

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text: Petitioner

text: Mary

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text: Tinker

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text: group

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text: held

text: a

text: meeting

text: at

text: the

text: Eckhardt

text: home

text: The

text: group

text: determined

text: to

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text: objections

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text: the

text: hostilities

text: in

text: Vietnam

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text: their

text: support

text: for

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text: black

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text: the

text: holiday

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text: fasting

text: on

text: December

text: and

text: New

text: Year

text: s

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text: Petitioners

text: and

text: their

text: parents

text: had

text: previously

text: engaged

text: in

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text: they

text: decided

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text: participate

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text: the

text: program

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text: armbands

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text: December

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text: and

text: adopted

text: a

text: policy

text: that

text: any

text: student

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text: an

text: armband

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text: would

text: be

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text: to

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text: and

text: if

text: he

text: refused

text: he

text: would

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text: On

text: December

text: Mary

text: Beth

text: and

text: Christopher

text: wore

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text: John

text: Tinker

text: wore

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text: the

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text: the

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text: Day

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text: complaint

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text: the

text: United

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text: of

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text: the

text: respondent

text: school

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text: F

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text: is

text: the

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text: of

text: symbolic

text: act

text: that

text: is

text: within

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text: entirely

text: divorced

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text: actually

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text: speech

text: U

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text: teachers

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text: students

text: It

text: can

text: hardly

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text: argued

text: that

text: either

text: students

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text: shed

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text: constitutional

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text: at

text: the

text: schoolhouse

text: gate

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text: has

text: been

text: the

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text: McReynolds

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text: Due

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text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: prevents

text: States

text: from

text: forbidding

text: the

text: teaching

text: of

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text: language

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text: unconstitutionally

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text: S

text: Engel

text: v

text: Vitale

text: U

text: S

text: Keyishian

text: v

text: Board

text: of

text: Regents

text: U

text: S

text: Epperson

text: v

text: Arkansas

text: ante

text: p

text: In

text: West

text: Virginia

text: v

text: Barnette

text: supra

text: this

text: Court

text: held

text: that

text: under

text: the

text: First

text: Amendment

text: the

text: student

text: in

text: public

text: school

text: may

text: not

text: be

text: compelled

text: to

text: salute

text: the

text: flag

text: Speaking

text: through

text: Mr

text: Justice

text: Jackson

text: the

text: Court

text: said

text: The

text: Fourteenth

text: Amendment

text: as

text: now

text: applied

text: to

text: the

text: States

text: protects

text: the

text: citizen

text: against

text: the

text: State

text: itself

text: and

text: all

text: of

text: its

text: creatures

text: Boards

text: of

text: Education

text: not

text: excepted

text: These

text: have

text: of

text: course

text: important

text: delicate

text: and

text: highly

text: discretionary

text: functions

text: but

text: that

text: they

text: may

text: not

text: perform

text: within

text: the

text: limits

text: of

text: the

text: Bill

text: of

text: Rights

text: That

text: they

text: are

text: educating

text: the

text: young

text: for

text: citizenship

text: is

text: reason

text: for

text: scrupulous

text: protection

text: of

text: Constitutional

text: freedoms

text: of

text: the

text: individual

text: if

text: we

text: are

text: not

text: to

text: strangle

text: the

text: free

text: mind

text: at

text: its

text: source

text: and

text: teach

text: youth

text: to

text: discount

text: important

text: principles

text: of

text: our

text: government

text: as

text: mere

text: platitudes

text: U

text: S

text: at

text: On

text: the

text: other

text: hand

text: the

text: Court

text: has

text: repeatedly

text: emphasized

text: the

text: need

text: for

text: affirming

text: the

text: comprehensive

text: authority

text: of

text: the

text: States

text: and

text: of

text: school

text: officials

text: consistent

text: with

text: fundamental

text: constitutional

text: safeguards

text: to

text: prescribe

text: and

text: control

text: conduct

text: in

text: the

text: schools

text: See

text: Epperson

text: v

text: Arkansas

text: supra

text: at

text: Meyer

text: v

text: Nebraska

text: supra

text: at

text: Our

text: problem

text: lies

text: in

text: the

text: area

text: where

text: students

text: in

text: the

text: exercise

text: of

text: First

text: Amendment

text: rights

text: collide

text: with

text: the

text: rules

text: of

text: the

text: school

text: authorities

text: II

text: The

text: problem

text: posed

text: by

text: the

text: present

text: case

text: does

text: not

text: relate

text: to

text: regulation

text: of

text: the

text: length

text: of

text: skirts

text: or

text: the

text: type

text: of

text: clothing

text: U

text: S

text: to

text: hair

text: style

text: or

text: deportment

text: Cf

text: Ferrell

text: v

text: Dallas

text: Independent

text: School

text: District

text: F

text: d

text: Pugsley

text: v

text: Sellmeyer

text: Ark

text: S

text: W

text: It

text: does

text: not

text: concern

text: aggressive

text: disruptive

text: action

text: or

text: even

text: group

text: demonstrations

text: Our

text: problem

text: involves

text: direct

text: primary

text: First

text: Amendment

text: rights

text: akin

text: to

text: pure

text: speech

text: The

text: school

text: officials

text: banned

text: and

text: sought

text: to

text: punish

text: petitioners

text: for

text: a

text: silent

text: passive

text: expression

text: of

text: opinion

text: unaccompanied

text: by

text: any

text: disorder

text: or

text: disturbance

text: on

text: the

text: part

text: of

text: petitioners

text: There

text: is

text: here

text: no

text: evidence

text: whatever

text: of

text: petitioners

text: interference

text: actual

text: or

text: nascent

text: with

text: the

text: schools

text: work

text: or

text: of

text: collision

text: with

text: the

text: rights

text: of

text: other

text: students

text: to

text: be

text: secure

text: and

text: to

text: be

text: let

text: alone

text: Accordingly

text: this

text: case

text: does

text: not

text: concern

text: speech

text: or

text: action

text: that

text: intrudes

text: upon

text: the

text: work

text: of

text: the

text: schools

text: or

text: the

text: rights

text: of

text: other

text: students

text: Only

text: a

text: few

text: of

text: the

text: students

text: in

text: the

text: school

text: system

text: wore

text: the

text: black

text: armbands

text: Only

text: five

text: students

text: were

text: suspended

text: for

text: wearing

text: them

text: There

text: is

text: no

text: indication

text: that

text: the

text: work

text: of

text: the

text: schools

text: or

text: any

text: class

text: was

text: disrupted

text: Outside

text: the

text: classrooms

text: a

text: few

text: students

text: made

text: hostile

text: remarks

text: to

text: the

text: children

text: wearing

text: armbands

text: but

text: there

text: were

text: no

text: threats

text: or

text: acts

text: of

text: violence

text: on

text: school

text: premises

text: The

text: District

text: Court

text: concluded

text: that

text: the

text: action

text: of

text: the

text: school

text: authorities

text: was

text: reasonable

text: because

text: it

text: was

text: based

text: upon

text: their

text: fear

text: of

text: a

text: disturbance

text: from

text: the

text: wearing

text: of

text: the

text: armbands

text: But

text: in

text: our

text: system

text: undifferentiated

text: fear

text: or

text: apprehension

text: of

text: disturbance

text: is

text: not

text: enough

text: to

text: overcome

text: the

text: right

text: to

text: freedom

text: of

text: expression

text: Any

text: departure

text: from

text: absolute

text: regimentation

text: may

text: cause

text: trouble

text: Any

text: variation

text: from

text: the

text: majority

text: s

text: opinion

text: may

text: inspire

text: fear

text: Any

text: word

text: spoken

text: in

text: class

text: in

text: the

text: lunchroom

text: or

text: on

text: the

text: campus

text: that

text: deviates

text: from

text: the

text: views

text: of

text: another

text: person

text: may

text: start

text: an

text: argument

text: or

text: cause

text: a

text: disturbance

text: But

text: our

text: Constitution

text: says

text: we

text: must

text: take

text: this

text: risk

text: Terminiello

text: v

text: Chicago

text: U

text: S

text: and

text: our

text: history

text: says

text: that

text: it

text: is

text: this

text: sort

text: of

text: hazardous

text: freedom

text: this

text: kind

text: of

text: openness

text: that

text: is

text: U

text: S

text: the

text: basis

text: of

text: our

text: national

text: strength

text: and

text: of

text: the

text: independence

text: and

text: vigor

text: of

text: Americans

text: who

text: grow

text: up

text: and

text: live

text: in

text: this

text: relatively

text: permissive

text: often

text: disputatious

text: society

text: In

text: order

text: for

text: the

text: State

text: in

text: the

text: person

text: of

text: school

text: officials

text: to

text: justify

text: prohibition

text: of

text: a

text: particular

text: expression

text: of

text: opinion

text: it

text: must

text: be

text: able

text: to

text: show

text: that

text: its

text: action

text: was

text: caused

text: by

text: something

text: more

text: than

text: a

text: mere

text: desire

text: to

text: avoid

text: the

text: discomfort

text: and

text: unpleasantness

text: that

text: always

text: accompany

text: an

text: unpopular

text: viewpoint

text: Certainly

text: where

text: there

text: is

text: no

text: finding

text: and

text: no

text: showing

text: that

text: engaging

text: in

text: the

text: forbidden

text: conduct

text: would

text: materially

text: and

text: substantially

text: interfere

text: with

text: the

text: requirements

text: of

text: appropriate

text: discipline

text: in

text: the

text: operation

text: of

text: the

text: school

text: the

text: prohibition

text: cannot

text: be

text: sustained

text: Burnside

text: v

text: Byars

text: supra

text: at

text: In

text: the

text: present

text: case

text: the

text: District

text: Court

text: made

text: no

text: such

text: finding

text: and

text: our

text: independent

text: examination

text: of

text: the

text: record

text: fails

text: to

text: yield

text: evidence

text: that

text: the

text: school

text: authorities

text: had

text: reason

text: to

text: anticipate

text: that

text: the

text: wearing

text: of

text: the

text: armbands

text: would

text: substantially

text: interfere

text: with

text: the

text: work

text: of

text: the

text: school

text: or

text: impinge

text: upon

text: the

text: rights

text: of

text: other

text: students

text: Even

text: an

text: official

text: memorandum

text: prepared

text: after

text: the

text: suspension

text: that

text: listed

text: the

text: reasons

text: for

text: the

text: ban

text: on

text: wearing

text: the

text: armbands

text: made

text: no

text: reference

text: to

text: the

text: anticipation

text: of

text: such

text: disruption

text: U

text: S

text: On

text: the

text: contrary

text: the

text: action

text: of

text: the

text: school

text: authorities

text: appears

text: to

text: have

text: been

text: based

text: upon

text: an

text: urgent

text: wish

text: to

text: avoid

text: the

text: controversy

text: which

text: might

text: result

text: from

text: the

text: expression

text: even

text: by

text: the

text: silent

text: symbol

text: of

text: armbands

text: of

text: opposition

text: to

text: this

text: Nation

text: s

text: part

text: in

text: the

text: conflagration

text: in

text: Vietnam

text: It

text: is

text: revealing

text: in

text: this

text: respect

text: that

text: the

text: meeting

text: at

text: which

text: the

text: school

text: principals

text: decided

text: to

text: issue

text: the

text: contested

text: regulation

text: was

text: called

text: in

text: response

text: to

text: a

text: student

text: s

text: statement

text: to

text: the

text: journalism

text: teacher

text: in

text: one

text: of

text: the

text: schools

text: that

text: he

text: wanted

text: to

text: write

text: an

text: article

text: on

text: Vietnam

text: and

text: have

text: it

text: published

text: in

text: the

text: school

text: paper

text: The

text: student

text: was

text: dissuaded

text: It

text: is

text: also

text: relevant

text: that

text: the

text: school

text: authorities

text: did

text: not

text: purport

text: to

text: prohibit

text: the

text: wearing

text: of

text: all

text: symbols

text: of

text: political

text: or

text: controversial

text: significance

text: The

text: record

text: shows

text: that

text: students

text: in

text: some

text: of

text: the

text: schools

text: wore

text: buttons

text: relating

text: to

text: national

text: political

text: campaigns

text: and

text: some

text: even

text: wore

text: the

text: Iron

text: Cross

text: traditionally

text: a

text: symbol

text: of

text: Nazism

text: The

text: order

text: prohibiting

text: the

text: wearing

text: of

text: armbands

text: did

text: not

text: extend

text: to

text: these

text: Instead

text: a

text: particular

text: symbol

text: black

text: armbands

text: worn

text: to

text: exhibit

text: opposition

text: to

text: this

text: Nation

text: s

text: involvement

text: U

text: S

text: in

text: Vietnam

text: was

text: singled

text: out

text: for

text: prohibition

text: Clearly

text: the

text: prohibition

text: of

text: expression

text: of

text: one

text: particular

text: opinion

text: at

text: least

text: without

text: evidence

text: that

text: it

text: is

text: necessary

text: to

text: avoid

text: material

text: and

text: substantial

text: interference

text: with

text: schoolwork

text: or

text: discipline

text: is

text: not

text: constitutionally

text: permissible

text: In

text: our

text: system

text: state

text: operated

text: schools

text: may

text: not

text: be

text: enclaves

text: of

text: totalitarianism

text: School

text: officials

text: do

text: not

text: possess

text: absolute

text: authority

text: over

text: their

text: students

text: Students

text: in

text: school

text: as

text: well

text: as

text: out

text: of

text: school

text: are

text: persons

text: under

text: our

text: Constitution

text: They

text: are

text: possessed

text: of

text: fundamental

text: rights

text: which

text: the

text: State

text: must

text: respect

text: just

text: as

text: they

text: themselves

text: must

text: respect

text: their

text: obligations

text: to

text: the

text: State

text: In

text: our

text: system

text: students

text: may

text: not

text: be

text: regarded

text: as

text: closed

text: circuit

text: recipients

text: of

text: only

text: that

text: which

text: the

text: State

text: chooses

text: to

text: communicate

text: They

text: may

text: not

text: be

text: confined

text: to

text: the

text: expression

text: of

text: those

text: sentiments

text: that

text: are

text: officially

text: approved

text: In

text: the

text: absence

text: of

text: a

text: specific

text: showing

text: of

text: constitutionally

text: valid

text: reasons

text: to

text: regulate

text: their

text: speech

text: students

text: are

text: entitled

text: to

text: freedom

text: of

text: expression

text: of

text: their

text: views

text: As

text: Judge

text: Gewin

text: speaking

text: for

text: the

text: Fifth

text: Circuit

text: said

text: school

text: officials

text: cannot

text: suppress

text: expressions

text: of

text: feelings

text: with

text: which

text: they

text: do

text: not

text: wish

text: to

text: contend

text: Burnside

text: v

text: Byars

text: supra

text: at

text: In

text: Meyer

text: v

text: Nebraska

text: supra

text: at

text: Mr

text: Justice

text: McReynolds

text: expressed

text: this

text: Nation

text: s

text: repudiation

text: of

text: the

text: principle

text: that

text: a

text: State

text: might

text: so

text: conduct

text: its

text: schools

text: as

text: to

text: foster

text: a

text: homogeneous

text: people

text: He

text: said

text: In

text: order

text: to

text: submerge

text: the

text: individual

text: and

text: develop

text: ideal

text: citizens

text: Sparta

text: assembled

text: the

text: males

text: at

text: seven

text: into

text: barracks

text: and

text: intrusted

text: their

text: subsequent

text: education

text: and

text: training

text: to

text: official

text: guardians

text: Although

text: such

text: measures

text: have

text: been

text: deliberately

text: approved

text: by

text: men

text: of

text: great

text: genius

text: their

text: ideas

text: touching

text: the

text: relation

text: between

text: individual

text: and

text: State

text: were

text: wholly

text: different

text: from

text: those

text: upon

text: which

text: our

text: institutions

text: rest

text: and

text: it

text: hardly

text: will

text: be

text: affirmed

text: that

text: any

text: legislature

text: could

text: impose

text: such

text: restrictions

text: upon

text: the

text: people

text: of

text: a

text: U

text: S

text: State

text: without

text: doing

text: violence

text: to

text: both

text: letter

text: and

text: spirit

text: of

text: the

text: Constitution

text: This

text: principle

text: has

text: been

text: repeated

text: by

text: this

text: Court

text: on

text: numerous

text: occasions

text: during

text: the

text: intervening

text: years

text: In

text: Keyishian

text: v

text: Board

text: of

text: Regents

text: U

text: S

text: MR

text: JUSTICE

text: BRENNAN

text: speaking

text: for

text: the

text: Court

text: said

text: The

text: vigilant

text: protection

text: of

text: constitutional

text: freedoms

text: is

text: nowhere

text: more

text: vital

text: than

text: in

text: the

text: community

text: of

text: American

text: schools

text: Shelton

text: v

text: Tucker

text: U

text: S

text: at

text: The

text: classroom

text: is

text: peculiarly

text: the

text: marketplace

text: of

text: ideas

text: The

text: Nation

text: s

text: future

text: depends

text: upon

text: leaders

text: trained

text: through

text: wide

text: exposure

text: to

text: that

text: robust

text: exchange

text: of

text: ideas

text: which

text: discovers

text: truth

text: out

text: of

text: a

text: multitude

text: of

text: tongues

text: rather

text: than

text: through

text: any

text: kind

text: of

text: authoritative

text: selection

text: The

text: principle

text: of

text: these

text: cases

text: is

text: not

text: confined

text: to

text: the

text: supervised

text: and

text: ordained

text: discussion

text: which

text: takes

text: place

text: in

text: the

text: classroom

text: The

text: principal

text: use

text: to

text: which

text: the

text: schools

text: are

text: dedicated

text: is

text: to

text: accommodate

text: students

text: during

text: prescribed

text: hours

text: for

text: the

text: purpose

text: of

text: certain

text: types

text: of

text: activities

text: Among

text: those

text: activities

text: is

text: personal

text: intercommunication

text: among

text: the

text: students

text: This

text: is

text: not

text: only

text: an

text: inevitable

text: part

text: of

text: the

text: process

text: of

text: attending

text: school

text: it

text: is

text: also

text: an

text: important

text: part

text: of

text: the

text: educational

text: process

text: A

text: student

text: s

text: rights

text: therefore

text: do

text: not

text: embrace

text: merely

text: the

text: classroom

text: hours

text: When

text: he

text: is

text: in

text: the

text: cafeteria

text: or

text: on

text: the

text: playing

text: field

text: or

text: on

text: U

text: S

text: the

text: campus

text: during

text: the

text: authorized

text: hours

text: he

text: may

text: express

text: his

text: opinions

text: even

text: on

text: controversial

text: subjects

text: like

text: the

text: conflict

text: in

text: Vietnam

text: if

text: he

text: does

text: so

text: without

text: materially

text: and

text: substantially

text: interfer

text: ing

text: with

text: the

text: requirements

text: of

text: appropriate

text: discipline

text: in

text: the

text: operation

text: of

text: the

text: school

text: and

text: without

text: colliding

text: with

text: the

text: rights

text: of

text: others

text: Burnside

text: v

text: Byars

text: supra

text: at

text: But

text: conduct

text: by

text: the

text: student

text: in

text: class

text: or

text: out

text: of

text: it

text: which

text: for

text: any

text: reason

text: whether

text: it

text: stems

text: from

text: time

text: place

text: or

text: type

text: of

text: behavior

text: materially

text: disrupts

text: classwork

text: or

text: involves

text: substantial

text: disorder

text: or

text: invasion

text: of

text: the

text: rights

text: of

text: others

text: is

text: of

text: course

text: not

text: immunized

text: by

text: the

text: constitutional

text: guarantee

text: of

text: freedom

text: of

text: speech

text: Cf

text: Blackwell

text: v

text: Issaquena

text: County

text: Board

text: of

text: Education

text: F

text: d

text: C

text: A

text: th

text: Cir

text: Under

text: our

text: Constitution

text: free

text: speech

text: is

text: not

text: a

text: right

text: that

text: is

text: given

text: only

text: to

text: be

text: so

text: circumscribed

text: that

text: it

text: exists

text: in

text: principle

text: but

text: not

text: in

text: fact

text: Freedom

text: of

text: expression

text: would

text: not

text: truly

text: exist

text: if

text: the

text: right

text: could

text: be

text: exercised

text: only

text: in

text: an

text: area

text: that

text: a

text: benevolent

text: government

text: has

text: provided

text: as

text: a

text: safe

text: haven

text: for

text: crackpots

text: The

text: Constitution

text: says

text: that

text: Congress

text: and

text: the

text: States

text: may

text: not

text: abridge

text: the

text: right

text: to

text: free

text: speech

text: This

text: provision

text: means

text: what

text: it

text: says

text: We

text: properly

text: read

text: it

text: to

text: permit

text: reasonable

text: regulation

text: of

text: speech

text: connected

text: activities

text: in

text: carefully

text: restricted

text: circumstances

text: But

text: we

text: do

text: not

text: confine

text: the

text: permissible

text: exercise

text: of

text: First

text: Amendment

text: rights

text: to

text: a

text: telephone

text: booth

text: or

text: the

text: four

text: corners

text: of

text: a

text: pamphlet

text: or

text: to

text: supervised

text: and

text: ordained

text: discussion

text: in

text: a

text: school

text: classroom

text: If

text: a

text: regulation

text: were

text: adopted

text: by

text: school

text: officials

text: forbidding

text: discussion

text: of

text: the

text: Vietnam

text: conflict

text: or

text: the

text: expression

text: by

text: any

text: student

text: of

text: opposition

text: to

text: it

text: anywhere

text: on

text: school

text: property

text: except

text: as

text: part

text: of

text: a

text: prescribed

text: classroom

text: exercise

text: it

text: would

text: be

text: obvious

text: that

text: the

text: regulation

text: would

text: violate

text: the

text: constitutional

text: rights

text: of

text: students

text: at

text: least

text: if

text: it

text: could

text: not

text: be

text: justified

text: by

text: a

text: showing

text: that

text: the

text: students

text: activities

text: would

text: materially

text: and

text: substantially

text: disrupt

text: the

text: work

text: and

text: discipline

text: of

text: the

text: school

text: Cf

text: Hammond

text: U

text: S

text: v

text: South

text: Carolina

text: State

text: College

text: F

text: Supp

text: D

text: C

text: S

text: C

text: orderly

text: protest

text: meeting

text: on

text: state

text: college

text: campus

text: Dickey

text: v

text: Alabama

text: State

text: Board

text: of

text: Education

text: F

text: Supp

text: D

text: C

text: M

text: D

text: Ala

text: expulsion

text: of

text: student

text: editor

text: of

text: college

text: newspaper

text: In

text: the

text: circumstances

text: of

text: the

text: present

text: case

text: the

text: prohibition

text: of

text: the

text: silent

text: passive

text: witness

text: of

text: the

text: armbands

text: as

text: one

text: of

text: the

text: children

text: called

text: it

text: is

text: no

text: less

text: offensive

text: to

text: the

text: Constitution

text: s

text: guarantees

text: As

text: we

text: have

text: discussed

text: the

text: record

text: does

text: not

text: demonstrate

text: any

text: facts

text: which

text: might

text: reasonably

text: have

text: led

text: school

text: authorities

text: to

text: forecast

text: substantial

text: disruption

text: of

text: or

text: material

text: interference

text: with

text: school

text: activities

text: and

text: no

text: disturbances

text: or

text: disorders

text: on

text: the

text: school

text: premises

text: in

text: fact

text: occurred

text: These

text: petitioners

text: merely

text: went

text: about

text: their

text: ordained

text: rounds

text: in

text: school

text: Their

text: deviation

text: consisted

text: only

text: in

text: wearing

text: on

text: their

text: sleeve

text: a

text: band

text: of

text: black

text: cloth

text: not

text: more

text: than

text: two

text: inches

text: wide

text: They

text: wore

text: it

text: to

text: exhibit

text: their

text: disapproval

text: of

text: the

text: Vietnam

text: hostilities

text: and

text: their

text: advocacy

text: of

text: a

text: truce

text: to

text: make

text: their

text: views

text: known

text: and

text: by

text: their

text: example

text: to

text: influence

text: others

text: to

text: adopt

text: them

text: They

text: neither

text: interrupted

text: school

text: activities

text: nor

text: sought

text: to

text: intrude

text: in

text: the

text: school

text: affairs

text: or

text: the

text: lives

text: of

text: others

text: They

text: caused

text: discussion

text: outside

text: of

text: the

text: classrooms

text: but

text: no

text: interference

text: with

text: work

text: and

text: no

text: disorder

text: In

text: the

text: circumstances

text: our

text: Constitution

text: does

text: not

text: permit

text: officials

text: of

text: the

text: State

text: to

text: deny

text: their

text: form

text: of

text: expression

text: We

text: express

text: no

text: opinion

text: as

text: to

text: the

text: form

text: of

text: relief

text: which

text: should

text: be

text: granted

text: this

text: being

text: a

text: matter

text: for

text: the

text: lower

text: courts

text: to

text: determine

text: We

text: reverse

text: and

text: remand

text: for

text: further

text: proceedings

text: consistent

text: with

text: this

text: opinion

text: Reversed

text: and

text: remanded

text: Footnotes

text: Footnote

text: In

text: Burnside

text: the

text: Fifth

text: Circuit

text: ordered

text: that

text: high

text: school

text: authorities

text: be

text: enjoined

text: from

text: enforcing

text: a

text: regulation

text: forbidding

text: students

text: to

text: wear

text: freedom

text: buttons

text: It

text: is

text: instructive

text: that

text: in

text: Blackwell

text: v

text: Issaquena

text: County

text: Board

text: of

text: Education

text: F

text: d

text: the

text: same

text: panel

text: on

text: the

text: same

text: day

text: reached

text: the

text: opposite

text: result

text: on

text: different

text: facts

text: It

text: declined

text: to

text: enjoin

text: enforcement

text: of

text: such

text: a

text: regulation

text: in

text: another

text: high

text: school

text: where

text: the

text: students

text: wearing

text: freedom

text: buttons

text: harassed

text: students

text: who

text: did

text: not

text: wear

text: them

text: and

text: created

text: much

text: disturbance

text: Footnote

text: Hamilton

text: v

text: Regents

text: of

text: Univ

text: of

text: Cal

text: U

text: S

text: is

text: sometimes

text: cited

text: for

text: the

text: broad

text: proposition

text: that

text: the

text: State

text: may

text: attach

text: conditions

text: to

text: attendance

text: at

text: a

text: state

text: university

text: that

text: require

text: individuals

text: to

text: violate

text: their

text: religious

text: convictions

text: The

text: case

text: involved

text: dismissal

text: of

text: members

text: of

text: a

text: religious

text: denomination

text: from

text: a

text: land

text: grant

text: college

text: for

text: refusal

text: to

text: participate

text: in

text: military

text: training

text: Narrowly

text: viewed

text: the

text: case

text: turns

text: upon

text: the

text: Court

text: s

text: conclusion

text: that

text: merely

text: requiring

text: a

text: student

text: to

text: participate

text: in

text: school

text: training

text: in

text: military

text: science

text: could

text: not

text: conflict

text: with

text: his

text: constitutionally

text: protected

text: freedom

text: of

text: conscience

text: The

text: decision

text: cannot

text: be

text: taken

text: as

text: establishing

text: that

text: the

text: State

text: may

text: impose

text: and

text: enforce

text: any

text: conditions

text: that

text: it

text: chooses

text: upon

text: attendance

text: at

text: public

text: institutions

text: of

text: learning

text: however

text: violative

text: they

text: may

text: be

text: of

text: fundamental

text: constitutional

text: guarantees

text: See

text: e

text: g

text: West

text: Virginia

text: v

text: Barnette

text: U

text: S

text: Dixon

text: v

text: Alabama

text: State

text: Board

text: of

text: Education

text: F

text: d

text: C

text: A

text: th

text: Cir

text: Knight

text: v

text: State

text: Board

text: of

text: Education

text: F

text: Supp

text: D

text: C

text: M

text: D

text: Tenn

text: Dickey

text: v

text: Alabama

text: State

text: Board

text: of

text: Education

text: F

text: Supp

text: D

text: C

text: M

text: D

text: Ala

text: See

text: also

text: Note

text: Unconstitutional

text: Conditions

text: Harv

text: L

text: Rev

text: Note

text: Academic

text: Freedom

text: Harv

text: L

text: Rev

text: Footnote

text: The

text: only

text: suggestions

text: of

text: fear

text: of

text: disorder

text: in

text: the

text: report

text: are

text: these

text: A

text: former

text: student

text: of

text: one

text: of

text: our

text: high

text: schools

text: was

text: killed

text: in

text: Viet

text: Nam

text: Some

text: of

text: his

text: friends

text: are

text: still

text: in

text: school

text: and

text: it

text: was

text: felt

text: that

text: if

text: any

text: kind

text: of

text: a

text: demonstration

text: existed

text: it

text: might

text: evolve

text: into

text: something

text: which

text: would

text: be

text: difficult

text: to

text: control

text: Students

text: at

text: one

text: of

text: the

text: high

text: schools

text: were

text: heard

text: to

text: say

text: they

text: would

text: wear

text: arm

text: bands

text: of

text: other

text: colors

text: if

text: the

text: black

text: bands

text: prevailed

text: Moreover

text: the

text: testimony

text: of

text: school

text: authorities

text: at

text: trial

text: indicates

text: that

text: it

text: was

text: not

text: fear

text: of

text: disruption

text: that

text: motivated

text: the

text: regulation

text: prohibiting

text: the

text: armbands

text: the

text: regulation

text: was

text: directed

text: against

text: the

text: principle

text: of

text: the

text: demonstration

text: itself

text: School

text: authorities

text: simply

text: felt

text: that

text: the

text: schools

text: are

text: no

text: place

text: for

text: demonstrations

text: and

text: if

text: the

text: students

text: didn

text: t

text: like

text: the

text: way

text: our

text: elected

text: officials

text: were

text: handling

text: things

text: it

text: should

text: be

text: handled

text: with

text: the

text: ballot

text: box

text: and

text: not

text: in

text: the

text: halls

text: of

text: our

text: public

text: schools

text: Footnote

text: The

text: District

text: Court

text: found

text: that

text: the

text: school

text: authorities

text: in

text: prohibiting

text: black

text: armbands

text: were

text: influenced

text: by

text: the

text: fact

text: that

text: t

text: he

text: Viet

text: Nam

text: war

text: and

text: the

text: involvement

text: of

text: the

text: United

text: States

text: therein

text: has

text: been

text: the

text: subject

text: of

text: a

text: major

text: controversy

text: for

text: some

text: time

text: When

text: the

text: arm

text: band

text: regulation

text: involved

text: herein

text: was

text: promulgated

text: debate

text: over

text: the

text: Viet

text: Nam

text: war

text: had

text: become

text: vehement

text: in

text: many

text: localities

text: A

text: protest

text: march

text: against

text: the

text: war

text: had

text: been

text: recently

text: held

text: in

text: Washington

text: D

text: C

text: A

text: wave

text: of

text: draft

text: card

text: burning

text: incidents

text: protesting

text: the

text: war

text: had

text: swept

text: the

text: country

text: At

text: that

text: time

text: two

text: highly

text: publicized

text: draft

text: card

text: burning

text: cases

text: were

text: pending

text: in

text: this

text: Court

text: Both

text: individuals

text: supporting

text: the

text: war

text: and

text: those

text: opposing

text: it

text: were

text: quite

text: vocal

text: in

text: expressing

text: their

text: views

text: F

text: Supp

text: at

text: Footnote

text: After

text: the

text: principals

text: meeting

text: the

text: director

text: of

text: secondary

text: education

text: and

text: the

text: principal

text: of

text: the

text: high

text: school

text: informed

text: the

text: student

text: that

text: the

text: principals

text: were

text: opposed

text: to

text: publication

text: of

text: his

text: article

text: They

text: reported

text: that

text: we

text: felt

text: that

text: it

text: was

text: a

text: very

text: friendly

text: conversation

text: although

text: we

text: did

text: not

text: feel

text: that

text: we

text: had

text: convinced

text: the

text: student

text: that

text: our

text: decision

text: was

text: a

text: just

text: one

text: Footnote

text: In

text: Hammond

text: v

text: South

text: Carolina

text: State

text: College

text: F

text: Supp

text: D

text: C

text: S

text: C

text: District

text: Judge

text: Hemphill

text: had

text: before

text: him

text: a

text: case

text: involving

text: a

text: meeting

text: on

text: campus

text: of

text: students

text: to

text: express

text: their

text: views

text: on

text: school

text: practices

text: He

text: pointed

text: out

text: that

text: a

text: school

text: is

text: not

text: like

text: a

text: hospital

text: or

text: a

text: jail

text: enclosure

text: Cf

text: Cox

text: v

text: Louisiana

text: U

text: S

text: Adderley

text: v

text: Florida

text: U

text: S

text: It

text: is

text: a

text: public

text: place

text: and

text: its

text: dedication

text: to

text: specific

text: uses

text: does

text: not

text: imply

text: that

text: the

text: constitutional

text: rights

text: of

text: persons

text: entitled

text: to

text: be

text: there

text: are

text: to

text: be

text: gauged

text: as

text: if

text: the

text: premises

text: were

text: purely

text: private

text: property

text: Cf

text: Edwards

text: v

text: South

text: Carolina

text: U

text: S

text: Brown

text: v

text: Louisiana

text: U

text: S

text: MR

text: JUSTICE

text: STEWART

text: concurring

text: Although

text: I

text: agree

text: with

text: much

text: of

text: what

text: is

text: said

text: in

text: the

text: Court

text: s

text: opinion

text: and

text: with

text: its

text: judgment

text: in

text: this

text: case

text: I

text: U

text: S

text: cannot

text: share

text: the

text: Court

text: s

text: uncritical

text: assumption

text: that

text: school

text: discipline

text: aside

text: the

text: First

text: Amendment

text: rights

text: of

text: children

text: are

text: co

text: extensive

text: with

text: those

text: of

text: adults

text: Indeed

text: I

text: had

text: thought

text: the

text: Court

text: decided

text: otherwise

text: just

text: last

text: Term

text: in

text: Ginsberg

text: v

text: New

text: York

text: U

text: S

text: I

text: continue

text: to

text: hold

text: the

text: view

text: I

text: expressed

text: in

text: that

text: case

text: A

text: State

text: may

text: permissibly

text: determine

text: that

text: at

text: least

text: in

text: some

text: precisely

text: delineated

text: areas

text: a

text: child

text: like

text: someone

text: in

text: a

text: captive

text: audience

text: is

text: not

text: possessed

text: of

text: that

text: full

text: capacity

text: for

text: individual

text: choice

text: which

text: is

text: the

text: presupposition

text: of

text: First

text: Amendment

text: guarantees

text: Id

text: at

text: concurring

text: in

text: result

text: Cf

text: Prince

text: v

text: Massachusetts

text: U

text: S

text: MR

text: JUSTICE

text: WHITE

text: concurring

text: While

text: I

text: join

text: the

text: Court

text: s

text: opinion

text: I

text: deem

text: it

text: appropriate

text: to

text: note

text: first

text: that

text: the

text: Court

text: continues

text: to

text: recognize

text: a

text: distinction

text: between

text: communicating

text: by

text: words

text: and

text: communicating

text: by

text: acts

text: or

text: conduct

text: which

text: sufficiently

text: impinges

text: on

text: some

text: valid

text: state

text: interest

text: and

text: second

text: that

text: I

text: do

text: not

text: subscribe

text: to

text: everything

text: the

text: Court

text: of

text: Appeals

text: said

text: about

text: free

text: speech

text: in

text: its

text: opinion

text: in

text: Burnside

text: v

text: Byars

text: F

text: d

text: C

text: A

text: th

text: Cir

text: a

text: case

text: relied

text: upon

text: by

text: the

text: Court

text: in

text: the

text: matter

text: now

text: before

text: us

text: MR

text: JUSTICE

text: BLACK

text: dissenting

text: The

text: Court

text: s

text: holding

text: in

text: this

text: case

text: ushers

text: in

text: what

text: I

text: deem

text: to

text: be

text: an

text: entirely

text: new

text: era

text: in

text: which

text: the

text: power

text: to

text: control

text: pupils

text: by

text: the

text: elected

text: officials

text: of

text: state

text: supported

text: public

text: schools

text: in

text: the

text: United

text: States

text: is

text: in

text: ultimate

text: effect

text: transferred

text: to

text: the

text: Supreme

text: Court

text: The

text: Court

text: brought

text: U

text: S

text: this

text: particular

text: case

text: here

text: on

text: a

text: petition

text: for

text: certiorari

text: urging

text: that

text: the

text: First

text: and

text: Fourteenth

text: Amendments

text: protect

text: the

text: right

text: of

text: school

text: pupils

text: to

text: express

text: their

text: political

text: views

text: all

text: the

text: way

text: from

text: kindergarten

text: through

text: high

text: school

text: Here

text: the

text: constitutional

text: right

text: to

text: political

text: expression

text: asserted

text: was

text: a

text: right

text: to

text: wear

text: black

text: armbands

text: during

text: school

text: hours

text: and

text: at

text: classes

text: in

text: order

text: to

text: demonstrate

text: to

text: the

text: other

text: students

text: that

text: the

text: petitioners

text: were

text: mourning

text: because

text: of

text: the

text: death

text: of

text: United

text: States

text: soldiers

text: in

text: Vietnam

text: and

text: to

text: protest

text: that

text: war

text: which

text: they

text: were

text: against

text: Ordered

text: to

text: refrain

text: from

text: wearing

text: the

text: armbands

text: in

text: school

text: by

text: the

text: elected

text: school

text: officials

text: and

text: the

text: teachers

text: vested

text: with

text: state

text: authority

text: to

text: do

text: so

text: apparently

text: only

text: seven

text: out

text: of

text: the

text: school

text: system

text: s

text: pupils

text: deliberately

text: refused

text: to

text: obey

text: the

text: order

text: One

text: defying

text: pupil

text: was

text: Paul

text: Tinker

text: years

text: old

text: who

text: was

text: in

text: the

text: second

text: grade

text: another

text: Hope

text: Tinker

text: was

text: years

text: old

text: and

text: in

text: the

text: fifth

text: grade

text: a

text: third

text: member

text: of

text: the

text: Tinker

text: family

text: was

text: in

text: the

text: eighth

text: grade

text: and

text: a

text: fourth

text: member

text: of

text: the

text: same

text: family

text: was

text: John

text: Tinker

text: years

text: old

text: an

text: th

text: grade

text: high

text: school

text: pupil

text: Their

text: father

text: a

text: Methodist

text: minister

text: without

text: a

text: church

text: is

text: paid

text: a

text: salary

text: by

text: the

text: American

text: Friends

text: Service

text: Committee

text: Another

text: student

text: who

text: defied

text: the

text: school

text: order

text: and

text: insisted

text: on

text: wearing

text: an

text: armband

text: in

text: school

text: was

text: Christopher

text: Eckhardt

text: an

text: th

text: grade

text: pupil

text: and

text: a

text: petitioner

text: in

text: this

text: case

text: His

text: mother

text: is

text: an

text: official

text: in

text: the

text: Women

text: s

text: International

text: League

text: for

text: Peace

text: and

text: Freedom

text: As

text: I

text: read

text: the

text: Court

text: s

text: opinion

text: it

text: relies

text: upon

text: the

text: following

text: grounds

text: for

text: holding

text: unconstitutional

text: the

text: judgment

text: of

text: the

text: Des

text: Moines

text: school

text: officials

text: and

text: the

text: two

text: courts

text: below

text: First

text: the

text: Court

text: concludes

text: that

text: the

text: wearing

text: of

text: armbands

text: is

text: symbolic

text: speech

text: which

text: is

text: akin

text: to

text: pure

text: speech

text: and

text: therefore

text: protected

text: by

text: the

text: First

text: and

text: Fourteenth

text: Amendments

text: Secondly

text: the

text: Court

text: decides

text: that

text: the

text: public

text: schools

text: are

text: an

text: appropriate

text: place

text: to

text: exercise

text: symbolic

text: speech

text: as

text: long

text: as

text: normal

text: school

text: functions

text: U

text: S

text: are

text: not

text: unreasonably

text: disrupted

text: Finally

text: the

text: Court

text: arrogates

text: to

text: itself

text: rather

text: than

text: to

text: the

text: State

text: s

text: elected

text: officials

text: charged

text: with

text: running

text: the

text: schools

text: the

text: decision

text: as

text: to

text: which

text: school

text: disciplinary

text: regulations

text: are

text: reasonable

text: Assuming

text: that

text: the

text: Court

text: is

text: correct

text: in

text: holding

text: that

text: the

text: conduct

text: of

text: wearing

text: armbands

text: for

text: the

text: purpose

text: of

text: conveying

text: political

text: ideas

text: is

text: protected

text: by

text: the

text: First

text: Amendment

text: cf

text: e

text: g

text: Giboney

text: v

text: Empire

text: Storage

text: amp

text: Ice

text: Co

text: U

text: S

text: the

text: crucial

text: remaining

text: questions

text: are

text: whether

text: students

text: and

text: teachers

text: may

text: use

text: the

text: schools

text: at

text: their

text: whim

text: as

text: a

text: platform

text: for

text: the

text: exercise

text: of

text: free

text: speech

text: symbolic

text: or

text: pure

text: and

text: whether

text: the

text: courts

text: will

text: allocate

text: to

text: themselves

text: the

text: function

text: of

text: deciding

text: how

text: the

text: pupils

text: school

text: day

text: will

text: be

text: spent

text: While

text: I

text: have

text: always

text: believed

text: that

text: under

text: the

text: First

text: and

text: Fourteenth

text: Amendments

text: neither

text: the

text: State

text: nor

text: the

text: Federal

text: Government

text: has

text: any

text: authority

text: to

text: regulate

text: or

text: censor

text: the

text: content

text: of

text: speech

text: I

text: have

text: never

text: believed

text: that

text: any

text: person

text: has

text: a

text: right

text: to

text: give

text: speeches

text: or

text: engage

text: in

text: demonstrations

text: where

text: he

text: pleases

text: and

text: when

text: he

text: pleases

text: This

text: Court

text: has

text: already

text: rejected

text: such

text: a

text: notion

text: In

text: Cox

text: v

text: Louisiana

text: U

text: S

text: for

text: example

text: the

text: Court

text: clearly

text: stated

text: that

text: the

text: rights

text: of

text: free

text: speech

text: and

text: assembly

text: do

text: not

text: mean

text: that

text: everyone

text: with

text: opinions

text: or

text: beliefs

text: to

text: express

text: may

text: address

text: a

text: group

text: at

text: any

text: public

text: place

text: and

text: at

text: any

text: time

text: While

text: the

text: record

text: does

text: not

text: show

text: that

text: any

text: of

text: these

text: armband

text: students

text: shouted

text: used

text: profane

text: language

text: or

text: were

text: violent

text: in

text: any

text: manner

text: detailed

text: testimony

text: by

text: some

text: of

text: them

text: shows

text: their

text: armbands

text: caused

text: comments

text: warnings

text: by

text: other

text: students

text: the

text: poking

text: of

text: fun

text: at

text: them

text: and

text: a

text: warning

text: by

text: an

text: older

text: football

text: player

text: that

text: other

text: nonprotesting

text: students

text: had

text: better

text: let

text: them

text: alone

text: There

text: is

text: also

text: evidence

text: that

text: a

text: teacher

text: of

text: mathematics

text: had

text: his

text: lesson

text: period

text: practically

text: wrecked

text: chiefly

text: by

text: disputes

text: with

text: Mary

text: Beth

text: Tinker

text: who

text: wore

text: her

text: armband

text: for

text: her

text: demonstration

text: U

text: S

text: Even

text: a

text: casual

text: reading

text: of

text: the

text: record

text: shows

text: that

text: this

text: armband

text: did

text: divert

text: students

text: minds

text: from

text: their

text: regular

text: lessons

text: and

text: that

text: talk

text: comments

text: etc

text: made

text: John

text: Tinker

text: self

text: conscious

text: in

text: attending

text: school

text: with

text: his

text: armband

text: While

text: the

text: absence

text: of

text: obscene

text: remarks

text: or

text: boisterous

text: and

text: loud

text: disorder

text: perhaps

text: justifies

text: the

text: Court

text: s

text: statement

text: that

text: the

text: few

text: armband

text: students

text: did

text: not

text: actually

text: disrupt

text: the

text: classwork

text: I

text: think

text: the

text: record

text: overwhelmingly

text: shows

text: that

text: the

text: armbands

text: did

text: exactly

text: what

text: the

text: elected

text: school

text: officials

text: and

text: principals

text: foresaw

text: they

text: would

text: that

text: is

text: took

text: the

text: students

text: minds

text: off

text: their

text: classwork

text: and

text: diverted

text: them

text: to

text: thoughts

text: about

text: the

text: highly

text: emotional

text: subject

text: of

text: the

text: Vietnam

text: war

text: And

text: I

text: repeat

text: that

text: if

text: the

text: time

text: has

text: come

text: when

text: pupils

text: of

text: state

text: supported

text: schools

text: kindergartens

text: grammar

text: schools

text: or

text: high

text: schools

text: can

text: defy

text: and

text: flout

text: orders

text: of

text: school

text: officials

text: to

text: keep

text: their

text: minds

text: on

text: their

text: own

text: schoolwork

text: it

text: is

text: the

text: beginning

text: of

text: a

text: new

text: revolutionary

text: era

text: of

text: permissiveness

text: in

text: this

text: country

text: fostered

text: by

text: the

text: judiciary

text: The

text: next

text: logical

text: step

text: it

text: appears

text: to

text: me

text: would

text: be

text: to

text: hold

text: unconstitutional

text: laws

text: that

text: bar

text: pupils

text: under

text: or

text: from

text: voting

text: or

text: from

text: being

text: elected

text: members

text: of

text: the

text: boards

text: of

text: education

text: The

text: United

text: States

text: District

text: Court

text: refused

text: to

text: hold

text: that

text: the

text: state

text: school

text: order

text: violated

text: the

text: First

text: and

text: Fourteenth

text: Amendments

text: F

text: Supp

text: Holding

text: that

text: the

text: protest

text: was

text: akin

text: to

text: speech

text: which

text: is

text: protected

text: by

text: the

text: First

text: U

text: S

text: and

text: Fourteenth

text: Amendments

text: that

text: court

text: held

text: that

text: the

text: school

text: order

text: was

text: reasonable

text: and

text: hence

text: constitutional

text: There

text: was

text: at

text: one

text: time

text: a

text: line

text: of

text: cases

text: holding

text: reasonableness

text: as

text: the

text: court

text: saw

text: it

text: to

text: be

text: the

text: test

text: of

text: a

text: due

text: process

text: violation

text: Two

text: cases

text: upon

text: which

text: the

text: Court

text: today

text: heavily

text: relies

text: for

text: striking

text: down

text: this

text: school

text: order

text: used

text: this

text: test

text: of

text: reasonableness

text: Meyer

text: v

text: Nebraska

text: U

text: S

text: and

text: Bartels

text: v

text: Iowa

text: U

text: S

text: The

text: opinions

text: in

text: both

text: cases

text: were

text: written

text: by

text: Mr

text: Justice

text: McReynolds

text: Mr

text: Justice

text: Holmes

text: who

text: opposed

text: this

text: reasonableness

text: test

text: dissented

text: from

text: the

text: holdings

text: as

text: did

text: Mr

text: Justice

text: Sutherland

text: This

text: constitutional

text: test

text: of

text: reasonableness

text: prevailed

text: in

text: this

text: Court

text: for

text: a

text: season

text: It

text: was

text: this

text: test

text: that

text: brought

text: on

text: President

text: Franklin

text: Roosevelt

text: s

text: well

text: known

text: Court

text: fight

text: His

text: proposed

text: legislation

text: did

text: not

text: pass

text: but

text: the

text: fight

text: left

text: the

text: reasonableness

text: constitutional

text: test

text: dead

text: on

text: the

text: battlefield

text: so

text: much

text: so

text: that

text: this

text: Court

text: in

text: Ferguson

text: v

text: Skrupa

text: U

text: S

text: after

text: a

text: thorough

text: review

text: of

text: the

text: old

text: cases

text: was

text: able

text: to

text: conclude

text: in

text: There

text: was

text: a

text: time

text: when

text: the

text: Due

text: Process

text: Clause

text: was

text: used

text: by

text: this

text: Court

text: to

text: strike

text: down

text: laws

text: which

text: were

text: thought

text: unreasonable

text: that

text: is

text: unwise

text: or

text: incompatible

text: with

text: some

text: particular

text: economic

text: or

text: social

text: philosophy

text: The

text: doctrine

text: that

text: prevailed

text: in

text: Lochner

text: Coppage

text: Adkins

text: Burns

text: and

text: like

text: cases

text: that

text: due

text: process

text: authorizes

text: courts

text: to

text: hold

text: laws

text: unconstitutional

text: when

text: they

text: believe

text: the

text: legislature

text: has

text: acted

text: unwisely

text: has

text: long

text: since

text: been

text: discarded

text: The

text: Ferguson

text: case

text: totally

text: repudiated

text: the

text: old

text: reasonableness

text: due

text: process

text: test

text: the

text: doctrine

text: that

text: judges

text: have

text: the

text: power

text: to

text: hold

text: laws

text: unconstitutional

text: upon

text: the

text: belief

text: of

text: judges

text: that

text: they

text: shock

text: the

text: conscience

text: or

text: that

text: they

text: are

text: U

text: S

text: unreasonable

text: arbitrary

text: irrational

text: contrary

text: to

text: fundamental

text: decency

text: or

text: some

text: other

text: such

text: flexible

text: term

text: without

text: precise

text: boundaries

text: I

text: have

text: many

text: times

text: expressed

text: my

text: opposition

text: to

text: that

text: concept

text: on

text: the

text: ground

text: that

text: it

text: gives

text: judges

text: power

text: to

text: strike

text: down

text: any

text: law

text: they

text: do

text: not

text: like

text: If

text: the

text: majority

text: of

text: the

text: Court

text: today

text: by

text: agreeing

text: to

text: the

text: opinion

text: of

text: my

text: Brother

text: FORTAS

text: is

text: resurrecting

text: that

text: old

text: reasonableness

text: due

text: process

text: test

text: I

text: think

text: the

text: constitutional

text: change

text: should

text: be

text: plainly

text: unequivocally

text: and

text: forthrightly

text: stated

text: for

text: the

text: benefit

text: of

text: the

text: bench

text: and

text: bar

text: It

text: will

text: be

text: a

text: sad

text: day

text: for

text: the

text: country

text: I

text: believe

text: when

text: the

text: present

text: day

text: Court

text: returns

text: to

text: the

text: McReynolds

text: due

text: process

text: concept

text: Other

text: cases

text: cited

text: by

text: the

text: Court

text: do

text: not

text: as

text: implied

text: follow

text: the

text: McReynolds

text: reasonableness

text: doctrine

text: West

text: Virginia

text: v

text: Barnette

text: U

text: S

text: clearly

text: rejecting

text: the

text: reasonableness

text: test

text: held

text: that

text: the

text: Fourteenth

text: Amendment

text: made

text: the

text: First

text: applicable

text: to

text: the

text: States

text: and

text: that

text: the

text: two

text: forbade

text: a

text: State

text: to

text: compel

text: little

text: schoolchildren

text: to

text: salute

text: the

text: United

text: States

text: flag

text: when

text: they

text: had

text: religious

text: scruples

text: against

text: doing

text: so

text: Neither

text: Thornhill

text: v

text: Alabama

text: U

text: S

text: Stromberg

text: v

text: California

text: U

text: S

text: Edwards

text: U

text: S

text: v

text: South

text: Carolina

text: U

text: S

text: nor

text: Brown

text: v

text: Louisiana

text: U

text: S

text: related

text: to

text: schoolchildren

text: at

text: all

text: and

text: of

text: these

text: cases

text: embraced

text: Mr

text: Justice

text: McReynolds

text: reasonableness

text: test

text: and

text: Thornhill

text: Edwards

text: and

text: Brown

text: relied

text: on

text: the

text: vagueness

text: of

text: state

text: statutes

text: under

text: scrutiny

text: to

text: hold

text: them

text: unconstitutional

text: Cox

text: v

text: Louisiana

text: U

text: S

text: and

text: Adderley

text: v

text: Florida

text: U

text: S

text: cited

text: by

text: the

text: Court

text: as

text: a

text: compare

text: indicating

text: I

text: suppose

text: that

text: these

text: two

text: cases

text: are

text: no

text: longer

text: the

text: law

text: were

text: not

text: rested

text: to

text: the

text: slightest

text: extent

text: on

text: the

text: Meyer

text: and

text: Bartels

text: reasonableness

text: due

text: process

text: McReynolds

text: constitutional

text: test

text: I

text: deny

text: therefore

text: that

text: it

text: has

text: been

text: the

text: unmistakable

text: holding

text: of

text: this

text: Court

text: for

text: almost

text: years

text: that

text: students

text: and

text: teachers

text: take

text: with

text: them

text: into

text: the

text: schoolhouse

text: gate

text: constitutional

text: rights

text: to

text: freedom

text: of

text: speech

text: or

text: expression

text: Even

text: Meyer

text: did

text: not

text: hold

text: that

text: It

text: makes

text: no

text: reference

text: to

text: symbolic

text: speech

text: at

text: all

text: what

text: it

text: did

text: was

text: to

text: strike

text: down

text: as

text: unreasonable

text: and

text: therefore

text: unconstitutional

text: a

text: Nebraska

text: law

text: barring

text: the

text: teaching

text: of

text: the

text: German

text: language

text: before

text: the

text: children

text: reached

text: the

text: eighth

text: grade

text: One

text: can

text: well

text: agree

text: with

text: Mr

text: Justice

text: Holmes

text: and

text: Mr

text: Justice

text: Sutherland

text: as

text: I

text: do

text: that

text: such

text: a

text: law

text: was

text: no

text: more

text: unreasonable

text: than

text: it

text: would

text: be

text: to

text: bar

text: the

text: teaching

text: of

text: Latin

text: and

text: Greek

text: to

text: pupils

text: who

text: have

text: not

text: reached

text: the

text: eighth

text: grade

text: In

text: fact

text: I

text: think

text: the

text: majority

text: s

text: reason

text: for

text: invalidating

text: the

text: Nebraska

text: law

text: was

text: that

text: it

text: did

text: not

text: like

text: it

text: or

text: in

text: legal

text: jargon

text: that

text: it

text: shocked

text: the

text: Court

text: s

text: conscience

text: offended

text: its

text: sense

text: of

text: justice

text: or

text: was

text: contrary

text: to

text: fundamental

text: concepts

text: of

text: the

text: English

text: speaking

text: world

text: as

text: the

text: Court

text: has

text: sometimes

text: said

text: See

text: e

text: g

text: Rochin

text: v

text: California

text: U

text: S

text: and

text: Irvine

text: v

text: California

text: U

text: S

text: The

text: truth

text: is

text: that

text: a

text: teacher

text: of

text: kindergarten

text: grammar

text: school

text: or

text: high

text: school

text: pupils

text: no

text: more

text: carries

text: into

text: a

text: school

text: with

text: him

text: a

text: complete

text: right

text: to

text: freedom

text: of

text: speech

text: and

text: expression

text: than

text: an

text: anti

text: Catholic

text: or

text: anti

text: Semite

text: carries

text: with

text: him

text: a

text: complete

text: freedom

text: of

text: U

text: S

text: speech

text: and

text: religion

text: into

text: a

text: Catholic

text: church

text: or

text: Jewish

text: synagogue

text: Nor

text: does

text: a

text: person

text: carry

text: with

text: him

text: into

text: the

text: United

text: States

text: Senate

text: or

text: House

text: or

text: into

text: the

text: Supreme

text: Court

text: or

text: any

text: other

text: court

text: a

text: complete

text: constitutional

text: right

text: to

text: go

text: into

text: those

text: places

text: contrary

text: to

text: their

text: rules

text: and

text: speak

text: his

text: mind

text: on

text: any

text: subject

text: he

text: pleases

text: It

text: is

text: a

text: myth

text: to

text: say

text: that

text: any

text: person

text: has

text: a

text: constitutional

text: right

text: to

text: say

text: what

text: he

text: pleases

text: where

text: he

text: pleases

text: and

text: when

text: he

text: pleases

text: Our

text: Court

text: has

text: decided

text: precisely

text: the

text: opposite

text: See

text: e

text: g

text: Cox

text: v

text: Louisiana

text: U

text: S

text: Adderley

text: v

text: Florida

text: U

text: S

text: In

text: my

text: view

text: teachers

text: in

text: state

text: controlled

text: public

text: schools

text: are

text: hired

text: to

text: teach

text: there

text: Although

text: Mr

text: Justice

text: McReynolds

text: may

text: have

text: intimated

text: to

text: the

text: contrary

text: in

text: Meyer

text: v

text: Nebraska

text: supra

text: certainly

text: a

text: teacher

text: is

text: not

text: paid

text: to

text: go

text: into

text: school

text: and

text: teach

text: subjects

text: the

text: State

text: does

text: not

text: hire

text: him

text: to

text: teach

text: as

text: a

text: part

text: of

text: its

text: selected

text: curriculum

text: Nor

text: are

text: public

text: school

text: students

text: sent

text: to

text: the

text: schools

text: at

text: public

text: expense

text: to

text: broadcast

text: political

text: or

text: any

text: other

text: views

text: to

text: educate

text: and

text: inform

text: the

text: public

text: The

text: original

text: idea

text: of

text: schools

text: which

text: I

text: do

text: not

text: believe

text: is

text: yet

text: abandoned

text: as

text: worthless

text: or

text: out

text: of

text: date

text: was

text: that

text: children

text: had

text: not

text: yet

text: reached

text: the

text: point

text: of

text: experience

text: and

text: wisdom

text: which

text: enabled

text: them

text: to

text: teach

text: all

text: of

text: their

text: elders

text: It

text: may

text: be

text: that

text: the

text: Nation

text: has

text: outworn

text: the

text: old

text: fashioned

text: slogan

text: that

text: children

text: are

text: to

text: be

text: seen

text: not

text: heard

text: but

text: one

text: may

text: I

text: hope

text: be

text: permitted

text: to

text: harbor

text: the

text: thought

text: that

text: taxpayers

text: send

text: children

text: to

text: school

text: on

text: the

text: premise

text: that

text: at

text: their

text: age

text: they

text: need

text: to

text: learn

text: not

text: teach

text: The

text: true

text: principles

text: on

text: this

text: whole

text: subject

text: were

text: in

text: my

text: judgment

text: spoken

text: by

text: Mr

text: Justice

text: McKenna

text: for

text: the

text: Court

text: in

text: Waugh

text: v

text: Mississippi

text: University

text: in

text: U

text: S

text: The

text: State

text: had

text: there

text: passed

text: a

text: law

text: barring

text: students

text: from

text: peaceably

text: assembling

text: in

text: Greek

text: letter

text: fraternities

text: and

text: providing

text: that

text: students

text: who

text: joined

text: them

text: could

text: be

text: expelled

text: from

text: school

text: This

text: law

text: would

text: appear

text: on

text: the

text: surface

text: to

text: run

text: afoul

text: of

text: the

text: First

text: Amendment

text: s

text: U

text: S

text: freedom

text: of

text: assembly

text: clause

text: The

text: law

text: was

text: attacked

text: as

text: violative

text: of

text: due

text: process

text: and

text: of

text: the

text: privileges

text: and

text: immunities

text: clause

text: and

text: as

text: a

text: deprivation

text: of

text: property

text: and

text: of

text: liberty

text: under

text: the

text: Fourteenth

text: Amendment

text: It

text: was

text: argued

text: that

text: the

text: fraternity

text: made

text: its

text: members

text: more

text: moral

text: taught

text: discipline

text: and

text: inspired

text: its

text: members

text: to

text: study

text: harder

text: and

text: to

text: obey

text: better

text: the

text: rules

text: of

text: discipline

text: and

text: order

text: This

text: Court

text: rejected

text: all

text: the

text: fervid

text: pleas

text: of

text: the

text: fraternities

text: advocates

text: and

text: decided

text: unanimously

text: against

text: these

text: Fourteenth

text: Amendment

text: arguments

text: The

text: Court

text: in

text: its

text: next

text: to

text: the

text: last

text: paragraph

text: made

text: this

text: statement

text: which

text: has

text: complete

text: relevance

text: for

text: us

text: today

text: It

text: is

text: said

text: that

text: the

text: fraternity

text: to

text: which

text: complainant

text: belongs

text: is

text: a

text: moral

text: and

text: of

text: itself

text: a

text: disciplinary

text: force

text: This

text: need

text: not

text: be

text: denied

text: But

text: whether

text: such

text: membership

text: makes

text: against

text: discipline

text: was

text: for

text: the

text: State

text: of

text: Mississippi

text: to

text: determine

text: It

text: is

text: to

text: be

text: remembered

text: that

text: the

text: University

text: was

text: established

text: by

text: the

text: State

text: and

text: is

text: under

text: the

text: control

text: of

text: the

text: State

text: and

text: the

text: enactment

text: of

text: the

text: statute

text: may

text: have

text: been

text: induced

text: by

text: the

text: opinion

text: that

text: membership

text: in

text: the

text: prohibited

text: societies

text: divided

text: the

text: attention

text: of

text: the

text: students

text: and

text: distracted

text: from

text: that

text: singleness

text: of

text: purpose

text: which

text: the

text: State

text: desired

text: to

text: exist

text: in

text: its

text: public

text: educational

text: institutions

text: It

text: is

text: not

text: for

text: us

text: to

text: entertain

text: conjectures

text: in

text: opposition

text: to

text: the

text: views

text: of

text: the

text: State

text: and

text: annul

text: its

text: regulations

text: upon

text: disputable

text: considerations

text: of

text: their

text: wisdom

text: or

text: necessity

text: Emphasis

text: supplied

text: It

text: was

text: on

text: the

text: foregoing

text: argument

text: that

text: this

text: Court

text: sustained

text: the

text: power

text: of

text: Mississippi

text: to

text: curtail

text: the

text: First

text: Amendment

text: s

text: right

text: of

text: peaceable

text: assembly

text: And

text: the

text: same

text: reasons

text: are

text: equally

text: applicable

text: to

text: curtailing

text: in

text: the

text: States

text: public

text: schools

text: the

text: right

text: to

text: complete

text: freedom

text: of

text: expression

text: Iowa

text: s

text: public

text: schools

text: like

text: Mississippi

text: s

text: university

text: are

text: operated

text: to

text: give

text: students

text: an

text: opportunity

text: to

text: learn

text: not

text: to

text: talk

text: politics

text: by

text: actual

text: speech

text: or

text: by

text: symbolic

text: U

text: S

text: speech

text: And

text: as

text: I

text: have

text: pointed

text: out

text: before

text: the

text: record

text: amply

text: shows

text: that

text: public

text: protest

text: in

text: the

text: school

text: classes

text: against

text: the

text: Vietnam

text: war

text: distracted

text: from

text: that

text: singleness

text: of

text: purpose

text: which

text: the

text: State

text: here

text: Iowa

text: desired

text: to

text: exist

text: in

text: its

text: public

text: educational

text: institutions

text: Here

text: the

text: Court

text: should

text: accord

text: Iowa

text: educational

text: institutions

text: the

text: same

text: right

text: to

text: determine

text: for

text: themselves

text: to

text: what

text: extent

text: free

text: expression

text: should

text: be

text: allowed

text: in

text: its

text: schools

text: as

text: it

text: accorded

text: Mississippi

text: with

text: reference

text: to

text: freedom

text: of

text: assembly

text: But

text: even

text: if

text: the

text: record

text: were

text: silent

text: as

text: to

text: protests

text: against

text: the

text: Vietnam

text: war

text: distracting

text: students

text: from

text: their

text: assigned

text: class

text: work

text: members

text: of

text: this

text: Court

text: like

text: all

text: other

text: citizens

text: know

text: without

text: being

text: told

text: that

text: the

text: disputes

text: over

text: the

text: wisdom

text: of

text: the

text: Vietnam

text: war

text: have

text: disrupted

text: and

text: divided

text: this

text: country

text: as

text: few

text: other

text: issues

text: ever

text: have

text: Of

text: course

text: students

text: like

text: other

text: people

text: cannot

text: concentrate

text: on

text: lesser

text: issues

text: when

text: black

text: armbands

text: are

text: being

text: ostentatiously

text: displayed

text: in

text: their

text: presence

text: to

text: call

text: attention

text: to

text: the

text: wounded

text: and

text: dead

text: of

text: the

text: war

text: some

text: of

text: the

text: wounded

text: and

text: the

text: dead

text: being

text: their

text: friends

text: and

text: neighbors

text: It

text: was

text: of

text: course

text: to

text: distract

text: the

text: attention

text: of

text: other

text: students

text: that

text: some

text: students

text: insisted

text: up

text: to

text: the

text: very

text: point

text: of

text: their

text: own

text: suspension

text: from

text: school

text: that

text: they

text: were

text: determined

text: to

text: sit

text: in

text: school

text: with

text: their

text: symbolic

text: armbands

text: Change

text: has

text: been

text: said

text: to

text: be

text: truly

text: the

text: law

text: of

text: life

text: but

text: sometimes

text: the

text: old

text: and

text: the

text: tried

text: and

text: true

text: are

text: worth

text: holding

text: The

text: schools

text: of

text: this

text: Nation

text: have

text: undoubtedly

text: contributed

text: to

text: giving

text: us

text: tranquility

text: and

text: to

text: making

text: us

text: a

text: more

text: law

text: abiding

text: people

text: Uncontrolled

text: and

text: uncontrollable

text: liberty

text: is

text: an

text: enemy

text: to

text: domestic

text: peace

text: We

text: cannot

text: close

text: our

text: eyes

text: to

text: the

text: fact

text: that

text: some

text: of

text: the

text: country

text: s

text: greatest

text: problems

text: are

text: crimes

text: committed

text: by

text: the

text: youth

text: too

text: many

text: of

text: school

text: age

text: School

text: discipline

text: like

text: parental

text: discipline

text: is

text: an

text: integral

text: and

text: important

text: part

text: of

text: training

text: our

text: children

text: to

text: be

text: good

text: citizens

text: to

text: be

text: better

text: citizens

text: Here

text: a

text: very

text: small

text: number

text: of

text: students

text: have

text: crisply

text: and

text: summarily

text: U

text: S

text: refused

text: to

text: obey

text: a

text: school

text: order

text: designed

text: to

text: give

text: pupils

text: who

text: want

text: to

text: learn

text: the

text: opportunity

text: to

text: do

text: so

text: One

text: does

text: not

text: need

text: to

text: be

text: a

text: prophet

text: or

text: the

text: son

text: of

text: a

text: prophet

text: to

text: know

text: that

text: after

text: the

text: Court

text: s

text: holding

text: today

text: some

text: students

text: in

text: Iowa

text: schools

text: and

text: indeed

text: in

text: all

text: schools

text: will

text: be

text: ready

text: able

text: and

text: willing

text: to

text: defy

text: their

text: teachers

text: on

text: practically

text: all

text: orders

text: This

text: is

text: the

text: more

text: unfortunate

text: for

text: the

text: schools

text: since

text: groups

text: of

text: students

text: all

text: over

text: the

text: land

text: are

text: already

text: running

text: loose

text: conducting

text: break

text: ins

text: sit

text: ins

text: lie

text: ins

text: and

text: smash

text: ins

text: Many

text: of

text: these

text: student

text: groups

text: as

text: is

text: all

text: too

text: familiar

text: to

text: all

text: who

text: read

text: the

text: newspapers

text: and

text: watch

text: the

text: television

text: news

text: programs

text: have

text: already

text: engaged

text: in

text: rioting

text: property

text: seizures

text: and

text: destruction

text: They

text: have

text: picketed

text: schools

text: to

text: force

text: students

text: not

text: to

text: cross

text: their

text: picket

text: lines

text: and

text: have

text: too

text: often

text: violently

text: attacked

text: earnest

text: but

text: frightened

text: students

text: who

text: wanted

text: an

text: education

text: that

text: the

text: pickets

text: did

text: not

text: want

text: them

text: to

text: get

text: Students

text: engaged

text: in

text: such

text: activities

text: are

text: apparently

text: confident

text: that

text: they

text: know

text: far

text: more

text: about

text: how

text: to

text: operate

text: public

text: school

text: systems

text: than

text: do

text: their

text: parents

text: teachers

text: and

text: elected

text: school

text: officials

text: It

text: is

text: no

text: answer

text: to

text: say

text: that

text: the

text: particular

text: students

text: here

text: have

text: not

text: yet

text: reached

text: such

text: high

text: points

text: in

text: their

text: demands

text: to

text: attend

text: classes

text: in

text: order

text: to

text: exercise

text: their

text: political

text: pressures

text: Turned

text: loose

text: with

text: lawsuits

text: for

text: damages

text: and

text: injunctions

text: against

text: their

text: teachers

text: as

text: they

text: are

text: here

text: it

text: is

text: nothing

text: but

text: wishful

text: thinking

text: to

text: imagine

text: that

text: young

text: immature

text: students

text: will

text: not

text: soon

text: believe

text: it

text: is

text: their

text: right

text: to

text: control

text: the

text: schools

text: rather

text: than

text: the

text: right

text: of

text: the

text: States

text: that

text: collect

text: the

text: taxes

text: to

text: hire

text: the

text: teachers

text: for

text: the

text: benefit

text: of

text: the

text: pupils

text: This

text: case

text: therefore

text: wholly

text: without

text: constitutional

text: reasons

text: in

text: my

text: judgment

text: subjects

text: all

text: the

text: public

text: schools

text: in

text: the

text: country

text: to

text: the

text: whims

text: and

text: caprices

text: of

text: their

text: loudest

text: mouthed

text: but

text: maybe

text: not

text: their

text: brightest

text: students

text: I

text: for

text: one

text: am

text: not

text: fully

text: persuaded

text: that

text: school

text: pupils

text: are

text: wise

text: enough

text: even

text: with

text: this

text: Court

text: s

text: expert

text: help

text: from

text: Washington

text: to

text: run

text: the

text: public

text: school

text: U

text: S

text: systems

text: in

text: our

text: States

text: I

text: wish

text: therefore

text: wholly

text: to

text: disclaim

text: any

text: purpose

text: on

text: my

text: part

text: to

text: hold

text: that

text: the

text: Federal

text: Constitution

text: compels

text: the

text: teachers

text: parents

text: and

text: elected

text: school

text: officials

text: to

text: surrender

text: control

text: of

text: the

text: American

text: public

text: school

text: system

text: to

text: public

text: school

text: students

text: I

text: dissent

text: Footnote

text: The

text: petition

text: for

text: certiorari

text: here

text: presented

text: this

text: single

text: question

text: Whether

text: the

text: First

text: and

text: Fourteenth

text: Amendments

text: permit

text: officials

text: of

text: state

text: supported

text: public

text: schools

text: to

text: prohibit

text: students

text: from

text: wearing

text: symbols

text: of

text: political

text: views

text: within

text: school

text: premises

text: where

text: the

text: symbols

text: are

text: not

text: disruptive

text: of

text: school

text: discipline

text: or

text: decorum

text: Footnote

text: The

text: following

text: Associated

text: Press

text: article

text: appeared

text: in

text: the

text: Washington

text: Evening

text: Star

text: January

text: p

text: A

text: col

text: BELLINGHAM

text: Mass

text: AP

text: Todd

text: R

text: Hennessy

text: has

text: filed

text: nominating

text: papers

text: to

text: run

text: for

text: town

text: park

text: commissioner

text: in

text: the

text: March

text: election

text: I

text: can

text: see

text: nothing

text: illegal

text: in

text: the

text: youth

text: s

text: seeking

text: the

text: elective

text: office

text: said

text: Lee

text: Ambler

text: the

text: town

text: counsel

text: But

text: I

text: can

text: t

text: overlook

text: the

text: possibility

text: that

text: if

text: he

text: is

text: elected

text: any

text: legal

text: contract

text: entered

text: into

text: by

text: the

text: park

text: commissioner

text: would

text: be

text: void

text: because

text: he

text: is

text: a

text: juvenile

text: Todd

text: is

text: a

text: junior

text: in

text: Mount

text: St

text: Charles

text: Academy

text: where

text: he

text: has

text: a

text: top

text: scholastic

text: record

text: Footnote

text: In

text: Cantwell

text: v

text: Connecticut

text: U

text: S

text: this

text: Court

text: said

text: The

text: First

text: Amendment

text: declares

text: that

text: Congress

text: shall

text: make

text: no

text: law

text: respecting

text: an

text: establishment

text: of

text: religion

text: or

text: prohibiting

text: the

text: free

text: exercise

text: thereof

text: The

text: Fourteenth

text: Amendment

text: has

text: rendered

text: the

text: legislatures

text: of

text: the

text: states

text: as

text: incompetent

text: as

text: Congress

text: to

text: enact

text: such

text: laws

text: The

text: constitutional

text: inhibition

text: of

text: legislation

text: on

text: the

text: subject

text: of

text: religion

text: has

text: a

text: double

text: aspect

text: On

text: the

text: one

text: hand

text: it

text: forestalls

text: compulsion

text: by

text: law

text: of

text: the

text: acceptance

text: of

text: any

text: creed

text: or

text: the

text: practice

text: of

text: any

text: form

text: of

text: worship

text: Freedom

text: of

text: conscience

text: and

text: freedom

text: to

text: adhere

text: to

text: such

text: religious

text: organization

text: or

text: form

text: of

text: worship

text: as

text: the

text: individual

text: may

text: choose

text: cannot

text: be

text: restricted

text: by

text: law

text: On

text: the

text: other

text: hand

text: it

text: safeguards

text: the

text: free

text: exercise

text: of

text: the

text: chosen

text: form

text: of

text: religion

text: Thus

text: the

text: Amendment

text: embraces

text: two

text: concepts

text: freedom

text: to

text: believe

text: and

text: freedom

text: to

text: act

text: The

text: first

text: is

text: absolute

text: but

text: in

text: the

text: nature

text: of

text: things

text: the

text: second

text: cannot

text: be

text: Conduct

text: remains

text: subject

text: to

text: regulation

text: for

text: the

text: protection

text: of

text: society

text: Footnote

text: Statistical

text: Abstract

text: of

text: the

text: United

text: States

text: Table

text: No

text: p

text: MR

text: JUSTICE

text: HARLAN

text: dissenting

text: I

text: certainly

text: agree

text: that

text: state

text: public

text: school

text: authorities

text: in

text: the

text: discharge

text: of

text: their

text: responsibilities

text: are

text: not

text: wholly

text: exempt

text: from

text: the

text: requirements

text: of

text: the

text: Fourteenth

text: Amendment

text: respecting

text: the

text: freedoms

text: of

text: expression

text: and

text: association

text: At

text: the

text: same

text: time

text: I

text: am

text: reluctant

text: to

text: believe

text: that

text: there

text: is

text: any

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text: discipline

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text: workable

text: constitutional

text: rule

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text: burden

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text: particular

text: school

text: measure

text: was

text: motivated

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text: than

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text: nothing

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text: the

text: armband

text: regulation

text: I

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