Question

How does justice fortas defend and explain his decision in the majority opinion for tinker v. des moines? how strong is his reasoning? what concerns do you have about his argument? 2.) how does justice black defend and explain his decision in the dissent for tinker v. des moines? how strong is his reasoning? what concerns do you have about his argument?

Answer 1

Answer:

Justice Fortas and Justice Black had two different opinions about the Tinker v. Des Moines Independent Community School District case.

Explanation:

On the one hand, Justice Fortas claimed that the fact that 5 students of Iowa decided to wear a black armband to show their protests against the Vietnam War was an example of freedom of speech. Although the the students only showed their opinion,  they did not participate in a real disruption.

On the other hand, Justice Black stated that the First Amendment does not protect the students from giving their opinion at any time. He reasoned that the solely use of armbands was a fatal distraction for students, teachers and school officials which prevent them from performing their duties properly.

Answer 2

·         It released the constitutionality of the school authorities’ proceedings.

·         It honored small damages to the families of the suspended children.

·         It came to know the actions of the authorities to be logical.

·         It did not believe that protests would lead to conflicts.

His reasoning is very strong because it tells the rights and I have a concern that protest would be source of disturbance.