by Justice Abe Fortas
In West Virginia v. Barnette, supra, this Court held that, under the First Amendment, the student in public school may not be compelled to salute the flag. Speaking through Mr. Justice Jackson, the Court said:
“The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures -- Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.”
On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools. Our problem lies in the area where students in the exercise of First Amendment rights collide with the rules of the school authorities.
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)
Question
Use the excerpt from the Supreme Court majority opinion in Tinker v. Des Moines Independent Community School District, written by Justice Fortas, to answer the question.
How does the quotation from a prior case strengthen the ruling in Tinker?
(1 point)
Responses
by citing the precedent that Boards of Education must act within the Bill of Rights
by citing the precedent that Boards of Education must act within the Bill of Rights
by challenging the idea that students maintain their First Amendment rights at school
by challenging the idea that students maintain their First Amendment rights at school
by comparing saluting the flag to anti-war protests
by comparing saluting the flag to anti-war protests
by emphasizing the importance of public protest
1 answer
The correct response is:
by citing the precedent that Boards of Education must act within the Bill of Rights.
This quotation from West Virginia v. Barnette reinforces the ruling in Tinker by establishing that Boards of Education, while having important functions, are still bound by the protections of the Bill of Rights, including the First Amendment rights of students.
