Question

"Tinker v. Des Moines"
by Justice Abe Fortas

Under our Constitution, free speech is not a right that is given only to be so circumscribed that it exists in principle, but not in fact. Freedom of expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots. The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom.



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 the majority opinion cite precedent from previous cases?

(1 point)
Responses

to acknowledge rebuttals to the Court’s decision
to acknowledge rebuttals to the Court’s decision

to strengthen enforcement of the Court’s decision
to strengthen enforcement of the Court’s decision

to reinforce the legitimacy of the Court’s decision
to reinforce the legitimacy of the Court’s decision

to emphasize the progressive nature of the Court’s decision

Answer 1

The majority opinion cites precedent from previous cases **to reinforce the legitimacy of the Court’s decision**. This is often done to demonstrate that the current ruling is consistent with established legal principles and to show a continuity in judicial reasoning, thereby legitimizing the Court's conclusions.