Chief Justice Abe Fortas, majority opinion, believes that certain kinds of speech should never be prohibited, while Justice Hugo Black, dissenting opinion, believes the opposite. On the subject of the Tinker v. Des Moines case, Fortas first point is that the problem is not about school regulation or disruptive actions, but “…primary First Amendment rights akin to ‘pure speech’.” (Par. 1). Black rebuts this by making a reference to a past court case.
Justice Hugo Black – dissentingly argues that one does not have a right to give speeches or engage in demonstrations where he pleases and when he pleases. Although his point is valid, one court case does not thoroughly support an argument. (Cox vs. Louisiana). Justice Hugo