What was Justice Fortas opinion?

What was Justice Fortas opinion?

Justice Abe Fortas delivered the opinion of the 7-2 majority. The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it.

What was the dissenting opinion Tinker v Des Moines?

The dissent argued that the First Amendment does not grant the right to express any opinion at any time. Students attend school to learn, not teach. The armbands were a distraction.

What was Des Moines argument?

Dan Johnston, a young lawyer also from Des Moines and just out of law school, argued the case. On Feb. 24, 1969, the court ruled 7-2 that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

When did Fortas say schools do have the right to prohibit student speech?

Byars (5th Cir. 1966), Fortas articulated what has come to be known as the Tinker standard—school officials cannot censor student expression unless they can reasonably predict that the expression will create a substantial disruption or material interference in school activities or invade the rights of others.

How does Fortas defend the majority decisions that free speech in school is constitutionally protected?

How does Fortas defend the majority opinion that free speech in school is constitutionally protected? By saying that school disturbances due to freedom of expression are a big problem, but not in this case.

What are two of Justice Fortas basic reasons for disagreeing with the majority opinion?

2. What are two of Justice Black’s basic reasons for disagreeing with the majority opinion? Hebelieves that there were in fact disruption as a result the students wearing armbands, he alsothinks that the students should be free to make laws for their school as they see fit without thesupreme court saying no.

What was the issue in Tinker v Des Moines quizlet?

The Supreme court held that the armbands did represent symbolic speech that is entirely separate from the actions or conduct of those participating in it. Students do not lose their 1st amendment rights when they step onto school property.

When was Tinker v Des Moines argued?

1968
Tinker v. Des Moines Independent Community School District/Dates argued

Why was Justice Black so concerned about the court’s decision in the Tinker case?

Why was Justice Black so concerned about the Court’s decision in the Tinker case? He does not want schools to be used as a platform for free speech, because the message can cause students to be distracted from their schoolwork, as he says it did in the Tinker case.

Why is Tinker vs Des Moines considered the most important school First Amendment case?

Des Moines matter? First, Tinker v. Des Moines shows how the Supreme Court’s interpretation of the First Amendment reflects a commitment to individual liberty. In this case, the Court affirmed that the right to free expression is more important than the need for government entities, like schools, to maintain order.

Who won in the case of Tinker v Des Moines?

Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students’ free rights should be protected and said, “Students don’t shed their constitutional rights at the school house gates.”

Which amendments do Fortas and Black refer to?

Justice Fortas said that the wearing of black armbands to protest the war in Vietnam was a form of “symbolic speech” protected by the First Amendment and applied against state and local governments through the due process clause of the Fourteenth Amendment.