Student Speech, Symbolic Speech
“. . . In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.”— Justice Fortas, speaking for the majority
John and Mary Beth Tinker of Des Moines, Iowa, wore black armbands to their public school as a symbol of protest against American involvement in the Vietnam War. When school authorities asked that the Tinkers remove their armbands, they refused and were subsequently suspended. The Supreme Court decided that the Tinkers had the right to wear the armbands, with Justice Abe Fortas stating that no one expects students to “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Affirmative Action, Equal Protection
” . . . Race or ethnic background may be deemed a “plus” in a particular applicant’s file, yet it does not insulate the individual from comparison with all other candidates for the available seats.”— Justice Powell, Speaking for the Court
In the early 1970s, the medical school of the University of California at Davis devised a dual admissions program to increase representation of disadvantaged minority students. Allan Bakke was a white male who applied to and was rejected from the regular admissions program, while minority applicants with lower grade point averages and testing scores were admitted under the specialty admissions program. Bakke filed suit, alleging that this admissions system violated the Equal Protection Clause and excluded him on the basis of race. The Supreme Court found for Bakke against the rigid use of racial quotas, but also established that race was a permissible criteria among several others.
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