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Question

Question
Which fact from the Tinker v. Des Moines court decision best supports the reasoning that the conduct of the student protesters was protected by the Fourteenth Amendment, which prohibits deprivation of life, liberty, or property?

Asked By FrostBite26 at

Answered By Expert

Wesley

Expert · 3.2k answers · 3k people helped

To address this question, we need to analyze the key aspects of the Tinker v. Des Moines court decision that relate to the protection of students’ rights under the Fourteenth Amendment. The Fourteenth Amendment guarantees due process and equal protection under the law, which can be interpreted to include the protection of free speech.

Solution By Steps

Step 1: Identify the key aspect of the Tinker v. Des Moines decision related to free speech

The Supreme Court in Tinker v. Des Moines held that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This decision is crucial as it extends the protection of the First Amendment, which includes freedom of speech, to students within the school environment.

Step 2: Relate the decision to the Fourteenth Amendment

While the case directly cites the First Amendment, the reasoning can be linked to the Fourteenth Amendment’s protection of liberty. The Court’s interpretation of the First Amendment implies that the liberty to express oneself freely is protected, even for students. This protection of liberty is a fundamental aspect of the Fourteenth Amendment.

Step 3: Determine the specific fact that supports this reasoning

The fact that best supports the reasoning that the students’ conduct was protected by the Fourteenth Amendment is the Court’s statement that “undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.” This statement underscores the importance of protecting individual liberties, such as the right to free speech, which aligns with the protections afforded by the Fourteenth Amendment.

Final Answer

The specific fact from the Tinker v. Des Moines court decision that best supports the reasoning that the conduct of the student protesters was protected by the Fourteenth Amendment is the Court’s assertion that mere fear of disturbance is insufficient to suppress the right to freedom of expression. This aligns with the Fourteenth Amendment’s protection of liberty, specifically the liberty to express oneself freely.