Creating the United States

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Free Speech Can Not Exist in Principle Only

Free Speech Can Not Exist in Principle Only (124)

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In a Supreme Court case opinion, Justice Abe Fortas (1910–1982) forcefully declared that Under our Constitution, free speech is not a right that is given only to be so circumscribed that it exists in principle but not in fact. His opinion was given in a case in which a public school banned students from wearing armbands to protest the Vietnam War. The decision in the case is still used to determine whether a school's disciplinary actions violate students constitutional rights under the First Amendment of the Bill of Rights.