On November 12, 1968, the case began. Rather than focus their efforts on the big steaming pile of turd going on in Vietnam, the government dedicated the Supreme Court’s time to a court case about armbands that lasted four years. They ruled that a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violates the student’s freedom of speech protections guaranteed by the First Amendment. The armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. Students do not lose their First Amendment rights to freedom of speech when on school property- duh. In order to justify suppression, the school must be able to prove that the conduct would interfere with the operation of school- like how shoulders distract the male species from their education.
In a concurring opinion of 7 judges, it was agreed that children are guaranteed the full extent of the First Amendment rights during school as long as their protest is peaceful and does not interfere with the education of others. The majority opinion relies on a distinction between communication through words and communication through action.
In the dissenting opinion of 2 judges, the First Amendment does not provide the right to express any opinion at any time. The appearance of armbands distracted students, so the school district was within its rights to discipline. School officials should be given wide authority to maintain order unless their actions can be proven to stem from a motivation other than legitimate school interest.
Sources:
http://www.streetlaw.org
http://www.oyez.org/cases/1968/21
http://www.caselaw.findlaw.com
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