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question 5 of 5
how does fortas defend the majority decision that free speech in school is constitutionally protected?
a. by arguing that all people, even those in a school, have a right to create disturbances
b. by stating that freedom of expression, especially in a school, always leads to disturbances
c. by arguing that the first amendment rights of students do not apply in a school
d. by saying that such an expression isnt disruptive to class
This refers to the Tinker v. Des Moines case, where Justice Abe Fortas wrote the majority opinion. He held that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," and that speech is protected unless it causes a substantial disruption to school operations. Options A, B, and C contradict this reasoning: Fortas did not argue for the right to create disturbances, claim speech always causes disturbances, or say student First Amendment rights do not apply in school.
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D. By saying that such an expression isn't disruptive to class