Question
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
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
Ask by Cox Frank. in the United States
Jan 23,2025
Upstudy AI Solution
Tutor-Verified Answer
Answer
The answer is the reference to past cases.
Solution
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Mind Expander
The reference to past cases illustrates that the Court was relying on established legal precedents, known as stare decisis, to inform its decision-making process. By examining how earlier rulings shaped the legal landscape regarding free speech and students’ rights, the opinion reinforced the importance of continuity in interpreting constitutional protections.
Additionally, the discussion of personal rights and freedoms emphasizes the Court’s commitment to safeguarding individual liberties within the educational context. This approach resonates with previous decisions that prioritized First Amendment rights, showing how the Court builds upon its past judgments to ensure that fundamental freedoms are upheld consistently across cases.
