Tinker v. Des Moines Independent Community School District · ¶39

The United States District Court refused to hold that the state school order violated the First and Fourteenth Amendments. 258 F. Supp. 971. Holding that the protest was akin to speech, which is protected by the First and Fourteenth Amendments, that court held that the school order was “reasonable” and hence constitutional. There was at one time a line of cases holding “reasonableness” as the court saw it to be the test of a “due process” violation. Two cases upon which the Court today heavily relies for striking down this school order used this test of reasonableness, Meyer v. Nebraska, 262 U. S. 390 (1923), and Bartels v. Iowa, 262 U. S. 404 (1923). The opinions in both cases were written by Mr. Justice McReynolds; Mr. Justice Holmes, who opposed this reasonableness test, dissented from the holdings as did Mr. Justice Sutherland. This constitutional test of reasonableness prevailed in…

U. S. Reports, bound volume
U. S. Reports, volume 393, at 503 (Library of Congress) · transcription: Caselaw Access Project
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