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. Why does Justice Fortas include a counterargument in the majority opinion? (1 point) to indicate the Court is divided on its final ruling to show how the Court applies legal reasoning and constitutional principles to explain how the Court views its power of judicial review
Real Tutor Solution
Answer
Solution
Reviewed and approved by the UpStudy tutoring team
Beyond the Answer
Justice Fortas includes a counterargument in the majority opinion to show how the Court applies legal reasoning and constitutional principles. By addressing opposing views, he strengthens the Court's position and demonstrates a thorough consideration of the complex issues surrounding student free speech. This not only enhances the credibility of the ruling but also illustrates the delicate balance between individual rights and school authority. Additionally, incorporating a counterargument helps to clarify the rationale behind the Court's decision. It's an essential part of judicial reasoning, allowing the justices to explain why certain arguments may be insufficient or flawed, thereby guiding readers through their legal thought process and reinforcing the importance of protecting constitutional rights even in school settings.