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MR. JUSTICE BLACK, dissenting.
MR. JUSTICE WHITE, concurring.
MR. JUSTICE STEWART, concurring.
MR. JUSTICE FORTAS delivered the opinion of the Court.
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.
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