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Justice Hugo Black was concerned about the court's decision in the Tinker case because he believed it undermined the authority of schools to maintain order and discipline. He feared that allowing students to express themselves through symbolic speech, like wearing armbands, could lead to disruptions in the educational environment. Black emphasized the importance of upholding the First Amendment while also recognizing the need for educational institutions to function effectively. He was worried that the ruling could set a precedent that weakened the ability of schools to manage student behavior.

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Who was the judge in the tinker case?

The Tinker, or Tinker v. Des Moines Independent Community School District, was a Supreme Court decision. Justice Abe Fortas wrote the majority opinion.


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?

In the majority opinion for Tinker v. Des Moines, Justice Fortas defends the decision by emphasizing the First Amendment rights of students, arguing that they do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." He reasons that the students' silent protest did not disrupt the educational process and thus should be protected. While his reasoning is robust in advocating for civil liberties, one concern is the potential for conflicts between student expression and school authority, which could lead to challenges in maintaining an orderly educational environment.


How has the ruling in Tinker been modified by later supreme court decisions?

Tinker v. Des Moines Independent Community School District was a decision by the Supreme Court that defined the rights of students in schools. The Tinker test is still used to determine whether a school's disciplinary actions violate students' rights


How did the Tinker v Des Moines move through the courts?

The Tinker v. Des Moines case originated when Mary Beth Tinker and her peers wore black armbands to school to protest the Vietnam War, leading to their suspension. The students filed a lawsuit against the school district, claiming their First Amendment rights were violated. The case was initially heard in the U.S. District Court, which ruled in favor of the school, but the students appealed to the Eighth Circuit Court of Appeals, which upheld the lower court's decision. Ultimately, the Supreme Court took up the case, ruling in 1969 that students do not lose their constitutional rights to free speech at school, thereby reversing the lower court's decision.


Why did Peter Pan banish tinker bell from neverland?

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Who wrote the majority opinion for the US Supreme Court case Tinker v Des Moines?

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