Tinker v. Des Moines Independent Community School District/Concurrence Stewart

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Opinion of the Court
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Linked case(s):
413 U.S. 15
478 U.S. 675
484 U.S. 260

United States Supreme Court

393 U.S. 503

Tinker  v.  Des Moines Independent Community School District

 Argued: Nov. 12, 1968. --- Decided: Feb 24, 1969


Mr. Justice STEWART, concurring.

Although I agree with much of what is said in the Court's opinion, and with its judgment in this case, I cannot share the Court's uncritical assumption that, school discipline aside, the First Amendment rights of children are co-extensive with those of adults. Indeed, I had thought the Court decided otherwise just last Term in Ginsberg v. New York, 390 U.S. 629, 88 S.Ct. 1274, 20 L.Ed.2d 195. I continue to hold the view I expressed in that case: '(A) State may permissibly determine that, at least in some precisely delineated areas, a child-like someone in a captive audience-is not possessed of that full capacity for individual choice which is the presupposition of First Amendment guarantees.' Id., at 649-650, 88 S.Ct. at 1285-1286 (concurring in result.) Cf. Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).