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Mr. Justice And Mrs. Black: The Memoirs Of Hugo L. Black And Elizabeth Black, Daniel J. Meador

Vanderbilt Law Review

In addition to foreshadowing Supreme Court decisions that followed his death, some of Justice Black's dissents noted in this book, though not yet adopted by a Supreme Court majority, have played a role in lower court decisions. His dissent in Tinker v. Des Moines Community School District expressed the idea that the disruptive activities of high school students are not protected by the first amendment. This view subsequently was reflected in a Ninth Circuit decision, and his Tinker opinion has been favorably cited in other lower court opinions." Justice Black's comments during oral argument in Swann v. Board of Education …