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Justice Fortas Arguments Analysis

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How to become a good justice, especially a Supreme Court Justice, whose decision can hugely affect the interpretation of constitution in the subsequent cases around the country. In Tinker v. Des Moines, justice Fortas provided a great example of how to become a good justice. The majority opinion in Tinker v. Des Moines makes a reasonable, coherent and solid argument, which is stronger than the dissent in the decision. First, the majority opinion by justice Fortas in Tinker v. Des Moines uses a lot of precedents. Precedent arguments make his argument more convincing because precedents are thing that have been proven to be justice in the similar situation. It is reasonable for the court to follow these precedents. For example, justice Fortas states that the student in public school may not be compelled to salute the flag by using in West Virginia v. Barmette. This case states that students are entitled by the First Amendment. And a piece of speaking through Mr. Justice Jackson is even quoted. Especially contradicted to the dissent in this case, much more precedent used successfully to improve the reasonableness of the majority opinion. …show more content…

He pointed out and refuted the flaws in the reasoning of the lower court. For example, when discuss on if school has any rights to penal these children, he wrote this, “The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. “ This clearly pointed out that school didn’t have any right to deprive children of their freedom of expression based upon “fear” or

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