U.S. Supreme Court Landmark First Amendment Decision on Tinker v. Des Moines Indep
Directions: (Recall the keywords/references expected in the introduction)
Organize, develop, and write a UC-college level argumentative/comparison essay of no more than 4-pages that critically examines and compares ONE key argument from both the majority and dissenting opinions – The thesis statement should make specific reference BY NAME of which JUSTICE has the STRONGER argument in the Thesis Statement. Here is a sample framework to help inspire you:
While many individuals may believe that Justice Black’s claims against student’s right to protest in school, a closer reading of the Tinker decision strongly suggests that Justice Fortas makes a more compelling argument in favor of a student’s First Amendment right to protest their government’s Vietnam war policy.
Select ONE key argument from the Justice Fortas majority opinion (7-justices in favor) that you feel was their strongest reason outlined in their written decision? What makes it the strongest argument compared to the dissent’s argument? Here is a sample [Topic sentence] framework to help inspire you:
Justice Fortas writes in his majority opinion that challenges Justice Fortas’ argument that Tinker was rightly suspended because the armbands could have potentially caused violence by other students opposed to her symbolic protest.
Select ONE key argument from Justice Black’s dissenting opinion (2-justices opposed) and COMPARE by showing its weakness next to Fortas’ majority decision.
In your essay refer to the judges like this: Justice Black fails to acknowledge, while Justice Fortas presents ….
Begin your thesis statement with either (Although, While, or Since) as a dependent clause (the less emphasis) – and complete with the independent clause (Shows Emphasis which states which opinion was the correct opinion.)
For example, try modeling the framework here: “While Justice Black argues….. , closer examination shows that Justice Fortas provides a stronger argument for the majority decision.” Here is a complete thesis statement:
EXAMPLE: “While Justice Black argues XXX….. , a closer reading of the decision reveals that Justice Fortas provides a stronger argument protecting free speech of public school students like Mary Beth Tinker.
