Question

Explain Justice Fortas’ argument/decision in the majority opinion for Tinker V. Des Moines.

Answer 1

The explanation of Justice Fortas’ argument/decision in the majority opinion for Tinker V. Des Moines is that free speech in schools was protected by the American Constitution.

He was of the opinion that free speech in schools was protected by the American Constitution and his argument/decision based on the majority decision that was 7-2 in favor is explained below.

What was Justice Fortas' Argument?

This refers to the constitutionally backed protection of free speech and after it was initially decided that the school students were causing school disturbances, he disagreed.

Hence, we can see that although there have been cases of school/public disturbances that were caused by free speech, and in such cases, free speech was restricted temporarily, the Tinker V. Des Moines case was not one of them.

This was his prerogative as he ruled in favor that free speech in schools was protected by the American Constitution.

Read more about Tinker V. Des Moines here:

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