Justice Fortas includes a counterargument in the majority opinion to emphasize that the Court has examined both sides of the debate. By referencing the need for schools to maintain authority and order while also protecting the constitutional rights of students, the opinion acknowledges the complexities of balancing First Amendment freedoms with the responsibilities of educational institutions. This approach demonstrates a careful consideration of the competing interests at stake, reinforcing the legitimacy of the Court's ultimate ruling in favor of protecting students' rights within the school environment.
"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 show how the Court applies legal reasoning and constitutional principles to show how the Court applies legal reasoning and constitutional principles to emphasize the Court has examined both sides of the debate to emphasize the Court has examined both sides of the debate to indicate the Court is divided on its final ruling to indicate the Court is divided on its final ruling to explain how the Court views its power of judicial review
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