SuperHumanLoris3129 docs.google.com/document/d/1LySPhAVaUaPPSIJRsg1LPweN2qEqhjq8foFMD3R…docs.google.com/document/d/1LySPhAVaUaPPSIJRsg1LPweN2qEqhjq8foFMD3RBeo8/edit
3. What purpose within the legal reasoning of this argument does the 5th paragraph beginning, “There is no doubt…,” meant to serve? (Hint: can you connect it back to a specific legal reasoning step?)
4. At the end of Paragraph 5, he writes: “A person gets from a symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn.”
What is he saying about the flag in this quote? How does the juxtaposition of feelings here help communicate that idea?
5. Justice Jackson states in paragraph 4, “In the present case attendance is not optional.” What evidence does he offer in paragraph 3 to support this interpretation of the West Virginia situation?
How does Frankfurter’s dissenting opinion interpret attendance in WV public schools (as optional or compulsory)? What evidence does he offer in paragraphs 27-28?
Which interpretation do you think is more accurate?
(It might help to organize your response this way:)
A. Jackson’s evidence:
B. Frankfurter’s evidence:
C. The more accurate interpretation is __________ because….
6. In paragraph 8, Justice Jackson says, “Whether the First Amendment to the Constitution will permit officials to order observance of ritual of this nature does not depend upon whether as a voluntary exercise we would think it to be good, bad or merely innocuous.”
Compare this statement to Paragraph 45 opening Justice Frankfurter’s dissent where he says, “One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution. Were my purely personal attitude relevant I should whole- heartedly associate myself with the general libertarian views in the Court’s opinion, representing as they do the thought and action of a lifetime.”
What similar purpose within their arguments do these quotes play? What, in other words, is each justice stating about how he will judge the case?
7. The word “speech” from the phrase freedom of speech has certainly changed from the time it was penned to the time this case was argued to even now. Trace the development of the word throughout history, noting how each justice used it as well as its fuller meaning today. You are encouraged to use etymology.com or a similar reference source to understand the changes in the word’s meaning.
Part B:
Now you decide: which argument was more sound, the majority opinion or the dissent? Argue in favor of one or the other in a short persuasiveessay, citing from each opinion at least once.Arts & HumanitiesEnglish
