Use the excerpt from the Supreme Court majority opinion in Tinker v. Des Moines Independent Community School District, written by Justice Fortas, to answer the question. Which element in the passage suggests that stare decisis, or court precedent, was relied upon in the decision? the reference to earlier lower court decisions the reference to past cases the discussion of specific claims and evidence the discussion of personal rights and freedoms

In the context of the **Tinker v. Des Moines Independent Community School District** decision, **stare decisis** refers to the principle of adhering to precedent established by previous court decisions. Among the provided options, the element that best suggests reliance on court precedent is: **• The reference to past cases** **Explanation:** - **Reference to past cases:** This directly indicates that the court is looking to previously decided cases to guide its current decision, embodying the principle of *stare decisis*. By citing and discussing earlier Supreme Court rulings, the opinion underscores the importance of maintaining consistency and stability in the law. - **Reference to earlier lower court decisions:** While this shows some reliance on prior judgments, *stare decisis* primarily emphasizes adhering to higher court (especially Supreme Court) precedents rather than lower court decisions. - **Discussion of specific claims and evidence:** This pertains more to the factual and legal analysis of the case at hand rather than reliance on precedent. - **Discussion of personal rights and freedoms:** This relates to the substantive rights being considered in the case but doesn't directly indicate reliance on prior court decisions. Therefore, **the reference to past cases** is the strongest indicator that *stare decisis* was relied upon in the decision. **Answer:** the reference to past cases