Fortas’s opinion included exceptional support and evidence behind his argument. Fortas begins his argument by expressing how the act of the students wearing armbands is protected under the Free Speech Clause of the First Amendment. In his opinion he says, “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. See West Virginia v. Barnette, 319 U.S. 624 (1943); Stromberg v. California, 283 U.S. 359 (1931). Cf. Thornhill v. Alabama, 310 U.S. 88 (1940); Edwards v. South Carolina, 372 U.S. 229 (1963); Brown v. Louisiana, 383 U.S. 131 (1966).” The students action of wearing armbands is then protected by the Bill of Rights. Fortas then explains that the students do not forfeit their rights when they walk through the school doors. He mentions, “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 ...
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...harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the school.
Justice Fortas’s majority opinion delivered a clear, strong argument that showed a weakness towards the dissenting opinion in Tinker v Des Moines. Fortas made excellent use of precedents and judicial review to support his argument in order to create a logical proof. While his argument showed weakness towards what may occur from the ruling, his opinion showed a route in which conflict could be avoided. Overall, the majority opinion of Justice Fortas was expertly crafted and would become a landmark precedent in the Freedom of Expression across the United States.
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