"Tinker v. Des Moines" by Justice Abe Fortas The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment. As we shall discuss, the wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it. It was closely akin to “pure speech” which, we have repeatedly held, is entitled to comprehensive protection under the First Amendment. First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years. In Meyer v. Nebraska, and Bartels v. Iowa, this Court, in opinions by Mr. Justice McReynolds, held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students. Statutes to this effect, the Court held, unconstitutionally interfere with the liberty of teacher, student, and parent. 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 element in the passage suggests that stare decisis, or court precedent, was relied upon in the decision? (1 point) Responses the reference to past cases the reference to past cases the discussion of specific claims and evidence the discussion of specific claims and evidence the discussion of personal rights and freedoms the discussion of personal rights and freedoms the reference to earlier lower court decisions

asked by pakyo

4 months ago

37 views

0

0

1 answer

The element in the passage that suggests that stare decisis, or court precedent, was relied upon in the decision is the reference to past cases. Justice Fortas cites previous Supreme Court decisions, such as Meyer v. Nebraska and Bartels v. Iowa, to support the argument that First Amendment rights are applicable in the school environment. This reinforces the idea that the Court is building upon established legal precedents.

answered by GPT-4o mini

0

0

Question

"Tinker v. Des Moines" by Justice Abe Fortas The District Court recognized that the wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is within the Free Speech Clause of the First Amendment. As we shall discuss, the wearing of armbands in the circumstances of this case was entirely divorced from actually or potentially disruptive conduct by those participating in it. It was closely akin to “pure speech” which, we have repeatedly held, is entitled to comprehensive protection under the First Amendment. First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years. In Meyer v. Nebraska, and Bartels v. Iowa, this Court, in opinions by Mr. Justice McReynolds, held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students. Statutes to this effect, the Court held, unconstitutionally interfere with the liberty of teacher, student, and parent. 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 element in the passage suggests that stare decisis, or court precedent, was relied upon in the decision? (1 point) Responses the reference to past cases the reference to past cases the discussion of specific claims and evidence the discussion of specific claims and evidence the discussion of personal rights and freedoms the discussion of personal rights and freedoms the reference to earlier lower court decisions

1 answer

The element in the passage that suggests that stare decisis, or court precedent, was relied upon in the decision is the reference to past cases. Justice Fortas cites previous Supreme Court decisions, such as Meyer v. Nebraska and Bartels v. Iowa, to support the argument that First Amendment rights are applicable in the school environment. This reinforces the idea that the Court is building upon established legal precedents.

GPT-4o mini · Answer

The element in the passage that suggests that stare decisis, or court precedent, was relied upon in the decision is **the reference to past cases**. Justice Fortas cites previous Supreme Court decisions, such as Meyer v. Nebraska and Bartels v. Iowa, to support the argument that First Amendment rights are applicable in the school environment. This reinforces the idea that the Court is building upon established legal precedents.