Justice Abe Fortas Essay

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Justice Abe Fortas believes speech shouldn’t be limited anywhere, even in an educational

setting; Justice Hugo Black believes a person’s freedom of speech should be kept to themselves.

In the majority opinion, Justice Fortas ruled in favor of freedom of speech even in an

educational setting. “In our system, undifferentiated fear or apprehension of disturbance is not

enough to overcome the rights to freedom of expression,” says Fortas (Paragraph 4). He’s saying

that just because someone fears that some people might get offended, doesn’t mean one don’t

have the right to say one’s opinions. “He may express his opinion, even on controversial

subjects.” This also goes along with the first point of being scared of someone’s opinion. It …show more content…
It is unconstitutional to prohibit freedom of speech just because it might

possibly effect freedom of speech just because it might possibly effect the classroom setting.

“The oligant protection of constitutional freedom is nowhere more vital than in the community of

American schools.” (Paragraph 13) This quote came from the case Shelton v. Tucker. People

teach their children to not be scared to state one’s opinion but people still condemn children for

doing the things they were told to do. Aren’t the schools supposed to protect students from

people telling students that they can’t say this or wear that because of how it might affect

people?

On the other hand, Justice Hugo Black believes that a person doesn’t have a right “to give

speeches or engage in demonstration where and when he pleases.” (Paragraph 3) In Cox v.

Louisiana, the court already said that the rights of free speech and assembly “do not mean that

everyone with opinions or beliefs to express may address a group at any public place and any

time.” (Paragraph 3) Although, Justice Black states a good point that is the only factual evidence

he has. Everything else is just his opinion and his beliefs. This is the reason some might think
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Black Armbands Essay Chief Justice Abe Fortas, majority opinion, believes that certain kinds of speech should never be prohibited, while Justice Hugo Black, dissenting opinion, believes the opposite. On the subject of the Tinker v. Des Moines case, Fortas first point is that the problem is not about school regulation or disruptive actions, but “…primary First Amendment rights akin to ‘pure speech’.” (Par. 1). Black rebuts this by making a reference to a past court case. Justice Hugo Black – dissentingly…

Words 424 - Pages 2