Collection of the Supreme Court of the United StatesSourcePublic domainOriginal Commons JPEG; no changes.
Abe Fortas was an American lawyer and associate justice of the U.S. Supreme Court from 1965 to 1969. He previously worked in federal government and private legal practice. He lived from 1910 to 1982.
Role at the time: Associate justice writing for the Court
Condemned
Statement summary
Writing for the Court, Fortas rejects undifferentiated fear as a basis for the armband ban.
“undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.”
Read the original text (opens in a new tab)Tinker v. Des Moines Independent Community School District, 393 U.S. 503 · Supreme Court of the United States393 U.S. 503-526, Fortas majority and Black and Harlan dissents
Why we used this label
Relative to the school prohibition, the majority rejects fear alone as a sufficient basis for restricting expression.
The Supreme Court rejects the public schools' armband ban in Tinker v. Des Moines. Fortas finds no adequate basis to forecast substantial disruption. Black dissents, arguing that the decision undermines school discipline and subjects schools to students' whims.
