Comparison Of Justice Abe Fortes And Justice Hugo Black

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Justice Abe Fortes argues against prohibiting speeches in an educational

setting, on the other hand, Justice Hugo Black argues that no one has a right to

give a speech or engage in demonstrations where he pleases and when he

pleases.

Justice Abe Fortes points are valid because he sites evidence from court

cases, as well as, the constitution when Fortes stated “undifferentiated fear or

apprehension of disturbance is not enough to overcome the right to freedom of

expression,” (4) Fortes is saying that fear cannot take away freedom. Also,

schools cannot take away freedom to avoid discomfort. Fortes also stated “the

vigilant protection of constitutional freedoms is nowhere more vital than in the

community of American schools,” (3) he is saying that freedom of expression is
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Whether or not the state realizes it the state has to respect the

fact that you are protected by the constitution. Fortes also stated that “…
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McCrory 2

students are entitled to freedom of expression of their views,” (9) Fortes is

basically saying that the students have the right to express their feelings. The

students have a right to give a speech to tell how one feels about it.

Justice Hugo Black argues that one does not have a right to give a speech

or engage in demonstrations where he pleases and when he pleases. Black

states the court case Cox VS. Louisiana “do not mean that everyone with

opinions or beliefs to express many address a group at any place or any time,”

he is saying that anyone should not be permitted to say what they believe at any

time or place. Justice Hugo Black points are valid, although his arguments are

not thorough. Black also expresses concern that the disciplinary regulations are

“reasonable” rather than school officials. However he did not