The quotation from the prior case, West Virginia v. Barnette, strengthens the ruling in Tinker by citing the precedent that Boards of Education must act within the Bill of Rights. This establishes a foundational principle that even within the school environment, students are protected by their constitutional rights, underscoring the Court's view that these rights should not be compromised by school authorities.
"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)
A)
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.
How does the quotation from a prior case
strengthen the ruling in Tinker?
(1 point)
by citing the precedent that Boards of
Education must act within the Bill of
Rights
by comparing saluting the flag to antiwar protests
by challenging the idea that students
maintain their First Amendment rights at
school
by emphasizing the importance of
public protest
1 answer
1 answer