"Tinker v. Des Moines"

Question

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 discussion of personal rights and freedoms
the discussion of personal rights and freedoms

the reference to past cases
the reference to past cases

the reference to earlier lower court decisions
the reference to earlier lower court decisions

the discussion of specific claims and evidence
the discussion of specific claims and evidence

Answer 1

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

This is indicated by Justice Fortas's mention of prior cases such as Meyer v. Nebraska and Bartels v. Iowa, which support the argument regarding the constitutional rights of individuals within the school environment.