Tinker vs. Des Moines Community School District
One of the earliest and most notable cases is Tinker vs Des Moines Community School District. In 1965, John Tinker, his sister Mary Beth, and a friend were sent home from school for wearing black armbands to protest the Vietnam War. The school had established a policy permitting students to wear several political symbols, but had excluded the wearing of armbands protesting the Vietnam War(Tinker v. Des Moines Independent Community School District, Chicago-Kent College of Law). These students were suspended from school until they returned to school without the arm bands on. Their fathers sued, but the District Court ruled that the school had not violated the Constitution. The Court of Appeals agreed with the lower court, and the Tinkers appealed to the Supreme Court. The Supreme Court ruled that the students did have the right to wear armbands to school to protest the Vietnam War. Schools certainly have the right to establish rules like length of clothing, disruptive actions, or even group demonstrations, but in this case the arm bands do not involve any of those issues. The school banned and sought to punish petitioners for a silent, passive expression of opinion, not involving any disorder or disturbance on part of petitioners.
To read the entire supreme court decision on Tinker vs. De Moines Community school, click here:
http://www.oyez.org/cases/1960-1969/1968/1968_21
http://www.oyez.org/cases/1960-1969/1968/1968_21