Justice Fortas includes a counterargument in the majority opinion to emphasize the Court has examined both sides of the debate. This approach demonstrates that the Court recognizes the complexities of balancing students' First Amendment rights with the authority of school officials, thereby strengthening the legitimacy of its final ruling.
"Tinker v. Des Moines"
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.
Why does Justice Fortas include a counterargument in the majority opinion?
(1 point)
Responses
to indicate the Court is divided on its final ruling
to indicate the Court is divided on its final ruling
to emphasize the Court has examined both sides of the debate
to emphasize the Court has examined both sides of the debate
to explain how the Court views its power of judicial review
to explain how the Court views its power of judicial review
to show how the Court applies legal reasoning and constitutional principles
1 answer