Editing Symbolic speech (section)

===''Tinker v. Des Moines''===
{{main|Tinker v. Des Moines Independent Community School District}}
In December 1965, a group of five students, including lead plaintiff John Tinker and his sister Mary Beth Tinker, wore black [[armband]]s overlaid with a white [[peace sign]] between December 16 and New Years Day. The principals of the students' schools had previously threatened to suspend any students who participated in the protest. Despite the warning, the small group of students proceeded to carry out their dissent, and were duly suspended. [[American Civil Liberties Union|ACLU]] attorneys representing the students argued that the armbands constituted a form of symbolic speech and, because their demonstration was suppressed, their First Amendment rights were unconstitutionally restrained. The court voted 7–2 in favor of Tinker, finding that the suspension had violated the students' First Amendment rights.<ref name="Epstein 1998 pp. 258-280"/>  [[Associate Justice of the Supreme Court of the United States|Justice]] [[Abe Fortas|Fortas]], delivering the opinion of the court, held the following:
*"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 [[Freedom of speech in the United States|Free Speech Clause of the First Amendment]] and the [[Due Process Clause|Due Process Clause of the Fourteenth]]."
*"First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment."
*"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."<ref>Syllabus for ''Tinker v. Des Moines''</ref>