JOSEPH NOEL M. ESTRADA
IN 1968, three public school students in Des Moines, Iowa, USA, were suspended from school for wearing black armbands to protest the government’s policy in Vietnam. They filed a case against the school for damages and sought an injunction against banning the wearing of armbands. It was held that the students in wearing armbands were quiet and passive. They did not impinge on the rights of others. Their conduct falls within the protection of free speech. It was also held that 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.