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“The Constitution Says That Congress (And the States) May Not

Question 8

Multiple Choice

“The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom…. As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred…. Their deviation consisted only in wearing on their sleeve a band of black cloth…. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.”
--Justice Abe Fortas, Tinker v. Des Moines Independent Community School Dist., 1969
-Which type of expression did the Supreme Court protect in Tinker v.Des Moines?


A) commercial speech
B) intellectual speech
C) protest speech -Consider This: This act of symbolic speech was a protest,as many others are,but protest speech is not officially a form of expression.
D) symbolic speech

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