Creating the United States

{ object_type: 'Exhibit Item',embed_type: 'image',embed_detail: 'http://myloc.gov/_assets/Exhibitions/creatingtheus/BillofRights/BillofRightsLegacy/Assets/us0124_enlarge_125.Jpeg',embed_alt: 'Free Speech Can Not Exist in Principle Only',thumbnail: {url: 'http://myloc.gov/_assets/Exhibitions/creatingtheus/BillofRights/BillofRightsLegacy/Assets/us0124_enlarge_125.Jpeg',alt: 'Free Speech Can Not Exist in Principle Only',height: '66',width: '125'} }

Free Speech Can Not Exist in Principle Only

Free Speech Can Not Exist in Principle Only (124)

See Silverlight version of this item » About this item        

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.