The Roberts Court (2005–present)


What justice in his concurring opinion believed public secondary school students have no First Amendment rights?

Justice Clarence Thomas, the most staunch originalist (one who interprets the Constitution on the beliefs of the Founding Fathers who created the Constitution) on the Roberts Court, wrote a concurring opinion in which he advocated for the overruling of the Tinker decision. Thomas cited several nineteenth-century cases in which courts rejected students’ free-expression claims. He believed that the federal courts should not intervene in the day-to-day operations of school officials.


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