Topic > Case of Judge Fortas and Tinker V. Des Moines - 732

Judge Hugo Black dissented and feared that the Court's ruling would cause more revolutionary actions by students. However, Judge Fortas addressed this potential outcome. It says: "Certainly where there is no finding or demonstration that engaging in prohibited conduct would 'materially and substantially interfere with the requirements of adequate discipline in the operation of the school,' the prohibition cannot be sustained. Burnside v. Byars , above 749." The school's ban on the use of the bracelet could not be maintained because the expression had caused no harm. If students submitted to another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit such actions. Students' rights are still protected and the school still has the authority to manage them