"Freedom of expression would not truly exist if the right could be exercised only in an area that a benevolent government has provided as a safe haven for crackpots." - Justice Abe Fortas (1)
The case came down to this fundamental question: Do the First Amendment rights of free speech extend to symbolic speech by students in public schools? And, if so, in what circumstances is that symbolic speech protected? The First Amendment states "Congress shall make no law...abridging the freedom of speech." The Fourteenth Amendment extends this rule to state governments as well, of which school systems are a part. The First Amendment, however, does not identify which kinds of speech are protected. (2)
(1) - Justice Fortas J. ,Tinker v. Des Moines Independent Community School District (No. 21) 383 F.2d 988, reversed and remanded. Supreme Court of the United States, 1968.
(2) - Ibid
The case came down to this fundamental question: Do the First Amendment rights of free speech extend to symbolic speech by students in public schools? And, if so, in what circumstances is that symbolic speech protected? The First Amendment states "Congress shall make no law...abridging the freedom of speech." The Fourteenth Amendment extends this rule to state governments as well, of which school systems are a part. The First Amendment, however, does not identify which kinds of speech are protected. (2)
(1) - Justice Fortas J. ,Tinker v. Des Moines Independent Community School District (No. 21) 383 F.2d 988, reversed and remanded. Supreme Court of the United States, 1968.
(2) - Ibid