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. [p*504]
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