Tinker v. Des Moines Independent Community School District

The District Court and the Court of Appeals upheld the principle that

• school officials could limit students’ rights to prevent possible interference with school activities.

• students’ individual rights were subject to the higher school authority while on school grounds.

• free speech was a privilege to be exercised discreetly and within the guidelines set by the school.

• allowing political expression on school grounds could impinge upon the rights and beliefs of other students.

What does Justice Fortas identify as an important effect of the “hazardous freedom” granted by the Constitution?

• occasional infringement of school rules

• fear of disturbance

• fostering of a strong, open American society

• development of a rebellious spirit

What is Justice Stewart’s point of disagreement with the majority opinion?

• In a school setting, children’s rights should be abrogated.

• Children and adults do not have equal First Amendment rights

• Knowing the school rule in advance negates First Amendment protection for the petitioners.

• There are acceptable times when school authority supersedes individual rights.

Justice Fortas quotes from the previous case Meyer v. Nebraska, which mentions that to “develop ideal citizens, Sparta assembled the males at seven into barracks and intrusted their subsequent education and training to official guardians.” His purpose in citing this precedent is to

• explain how the authority of the American legal system is derived from ancient Greece.

• prove that the educational system of Sparta did not ensure its survival

• support the idea that students need to be informed of the official view of events before they can form their own

• uphold the need to have public schools function as forums of diversity

Which quotation from the decision expresses Justice Black’s dissenting opinion?

• “In our system, state-operated schools may not be enclaves of totalitarianism.”

• “It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases.”

• “First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment.”

• “To translate that proposition into a workable constitutional rule, I would, in cases like this, cast upon those complaining the burden of showing that a particular school measure was motivated by other than legitimate school concerns. . . .”

lines 315–319: Why does Justice Black think the Supreme Court has assumed the power to control public school students?

• he believed that Tinker v Des Moines has taken power away from the courts and placed it into the schools.

• he believed that Tinker v Des Moines will let schools take the power of law.

• he believed that Tinker v Des Moines has taken away the broad power of schools to establish behavioral limits and the discipline students.

• he believed that Tinker v. Des Moines is a waste of court time.

How does the “reasonableness-due process” test allow judges to rule against laws they don’t like? (Lines 423–430).

• it allows them to say their opinions are against the law. They have to go with the law.

• it allows them to say they go with the the last judge to vote on the case.

• it allows jury members to testify in court.

• it allows them to simply say a law is unreasonable, arbituary, or irrational. These are based on personal opinions.

Lines 469–480: What are the reasons Justice Black gives in arguing that freedom of expression is not universal?

• Teachers cannot carry the right to complete freedom of speech into the classroom - can't say anti-Catholic or anti-Semite statements in a Catholic or Jewish places of worship.

• Administrators cannot carry the right of freedom of speech due to race and creed.

• Students cannot carry the right of freedom to wear the swastika .

• Any can say whatever they want whenever they want wherever they are.

what was the Supreme Court ruling regarding Tinker v Des Moines?

• 5-4 in favor of Des Moines Community School District.

• They couldn't agree on a verdict.

• 7-2 in favor of the Tinkers/Echardt.

• 2-7 in favor of Des Moines Community School District.

What two ammendments pertained to the case?

• second and tenth amendments

• first and second amendments

• four and fourteenth amendments

• first and fourteen amendments