The constitutional principle used in the legal reasoning for the case Tinker v. Des Moines is the protection of personal freedoms. The majority opinion emphasized the importance of the First Amendment in protecting the speech and expressive conduct of students in public schools.
"Tinker v. Des Moines"
by Justice Abe Fortas
The majority asserted that the First Amendment protected the speech and expressive conduct of children in public schools, which meant that any policy restricting speech would need to be justified on constitutional grounds. While a school board will receive some deference from courts, it must be able to cite something more than discomfort, awkwardness, or inconvenience as a basis for restricting speech. A concern that the speech or expressive conduct would interfere with school discipline is an example of a justification that probably would persuade a court to uphold a policy rationally connected to that concern. In this situation, however, wearing the armbands did not undermine school discipline, so the policy was unconstitutional.
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.
Which constitutional principle was used in the legal reasoning for the case?
(1 point)
Responses
the protection of personal freedoms
the protection of personal freedoms
shared powers
shared powers
rule by the people
rule by the people
right to representation
1 answer