District Court | 8th Cir. Court of Appeals | Supreme Court 1 | Supreme Court 2 | Supreme Court 3 |
---|---|---|---|---|
Chief Judge Roy L. Stephenson
Who was the presiding judge?
|
Nothing!
On appeal, what did the 8th Cir initially decide?
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5-4
How many justices voted to grant the students’ cert petition?
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Gideon v. Wainwright;
President Johnson
How does the author speculate that Fortas voted against hearing the case?
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School administrators cannot put restraints on student speech unless the speech substantially interferes with the school’s ability to discipline students.
What was the majority's holding?
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Sch. Dist.’s policy was reasonable and did not violate students’ 1st Am rights because it was designed to prevent a serious disturbance
What was the holding?
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Nothing!
On reargument, what did the 8th Cir decide?
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“et al.”
(Photos)
How was the case renamed?
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Public sentiment leaned against the war;
Pres. Nixon (R) was elected (Video)
What events occurred by the time oral arguments were held?
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“children’s rights” expert;
hold the majority; meet quota
What are the plausible reasons for assigning Justice Fortas to write the opinion?
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Wearing armbands was a form of symbolic speech protected by the 1st Am;
Created a circuit split with the 5th Cir.
Even though judgement was entered against the students, how did the holding benefit the students?
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Default rule. Split decisions meant that the lower court’s decision was affirmed.
Why was the lower court’s holding affirmed?
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Fortas
Who wrote the Tinker opinion?
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equal protection;
reasonableness; prior restraint; failure to show disturbance
What were the possible grounds for deciding the case?
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Does not want SCOTUS to second-guess school administration decisions
Why did Justice Black disagree with the majority
|