The constitutional principle used in the legal reasoning for the case Tinker v. Des Moines Independent Community School District is the protection of personal freedoms. The majority opinion emphasized the First Amendment rights of students to express themselves, indicating that their speech and expressive conduct are protected, even within the school setting.
"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 right to representation right to representation rule by the people rule by the people Remaining Attem
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