decision. Frankfurter argued that liberty, in general, was secondary to the ultimate authority of the legal power that guaranteed it (36). Jackson, however, attempted to understand the intent and the spirit of the Constitution's framers.Jackson maintained that while nationalism of the sort Frankfurter advocated was a relatively recent phenomenon, similar efforts to "compel coherence," such as the Roman attempt to exterminate Christianity and the Spanish Inquisition, ended uniformly in failure (38). He wrote, memorably, "compulsory unification of opinion achieves only the unanimity of the graveyard (38)." According to Censorship by Robert Emmet Long, major conflicts of expression and authority in public forums, if they existed, did not again populate the Supreme Court docket for another twenty years or so (53). With the outbreak of a considerably less popular war in Vietnam, though, protests began to boil over. Racial debates, which characterized the 1950s, also became more pronounced and public (53).On July 21, 1966, Circuit Court of Appeals Judge Gewin affirmed District Court Judge William Harold Cox's order, denying an injunction requested by Blackwell and appellants in Blackwell v. Issaquena County Board of Education, according to Censorship in Schools by Victoria Sherrow (14). The injunction they sought would have prevented school officials in Issaquena County, Mississippi, from enforcing regulations forbidding the wearing of buttons by students (15). The Blackwell case arises from a 1965 effort by students at the segregated, all-black Henry Weathers High School in Issaquena County. On January 29, some 30 students came to school wearing "freedom buttons," which depicted black and white hands clasped above the letters "SNCC," for the Student Non-violent Coordinating Committee, a civil rights activist group (15). When a number of the students in question began talking noisily in the hallways during class time, three were brought to t...
