Justice Hugo Black And Armbands Essay

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Armbands
Justice Abe Fortas and Justice Hugo Black are arguing if certain kinds of speech should or should not be prohibited in an educational setting. Justice Abe Fortas is arguing the majority opinion which says that speech should not be prohibited in an educational setting. The Justice says, “Undifferentiated fear or apprehension of disturbance is not enough to overcome the right of expression,” (4). This means that just because you think something will cause a disturbance and will be bad, that does not give one the right to ban freedom of expression. One must have evidence that a disturbance has been make. Fear cannot take away freedom. In one of the court cases mentioned, it says, “the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools,” (13). This is saying that our constitutional freedoms are most valuable in American school communities. The freedom of expression is one of the reasons that makes America a superior country. “Our nation’s future depends upon leaders who gained exposure to a wide variety of

Black quotes the court case Cox v. Louisiana which states,”… the rights of free speech and assembly ‘do not mean that everyone with opinions of beliefs to express may address a group at any public place ant at any time.’” This means that one cannot just show up somewhere and give their opinion and force people to listen. Although his point is valid, Black’s argument is not effective. One court case does not thoroughly support his argument. Justice Black expresses concern multiple times that the Court is responsible for “the function of deciding how the pupil’ school day will be spent” rather than school officials. However, he did not discuss ramifications. Black expresses more opinions than facts which makes his argument less