In a 7-2 decision, the Supreme Court ruled in favor of the
Tinkers. Justice Fortas wrote the majority opinion, ruling that
students retain their constitutional right of freedom of speech
while in public school. Justices Black and Harlan dissented. The
Court ruled that students are entitled to exercise their
constitutional rights, even while in school. The justices
reasoned that neither “students (n)or teachers shed their
constitutional rights to freedom of speech or expression at the
schoolhouse gate.” Because student expression is protected by
the First Amendment even while in school, school officials must
provide constitutionally valid reasons for regulating student
expression. The justification for the regulation must be more
than “a mere desire to avoid the discomfort and unpleasantness
that always accompany an unpopular viewpoint.” School officials
must show that the expression would cause a “material and
substantial disruption” with the discipline and educational
function of the school. The Court decide