"Tinker v. Des

Question

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)

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.
Which line from the passage is an example
of stare decisis, where the court follows
precedents established by earlier decisions?
(1 point)
“It can hardly be argued that either
students or teachers shed their
constitutional rights to freedom of
speech or expression at the
schoolhouse gate.”
“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.”
“First Amendment rights, applied in light
of the special characteristics of the
school environment, are available to
teachers and students.”
“This has been the unmistakable
holding of this Court for almost 50
years. In Meyer v. Nebraska, and
Bartels v. Iowa, this Court. . . held that
the Due Process Clause of the
Fourteenth Amendment prevents States
from forbidding the teaching of a foreign
language to young students.”

Answer 1

The line from the passage that is an example of stare decisis, where the court follows precedents established by earlier decisions, is:

“This has been the unmistakable holding of this Court for almost 50 years. In Meyer v. Nebraska, and Bartels v. Iowa, this Court. . . held that the Due Process Clause of the Fourteenth Amendment prevents States from forbidding the teaching of a foreign language to young students.”