3.3b The First Amendment: Freedom of Speech (students)

Announcements:
In addition to reading today's post, please make sure you:

1. Read the Street Law summary on Tinker v. Des Moines (required case).
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
3. Complete the self-check quiz on Freedom of Speech.
4. Google Meet today at 10:30-11:30am and/or 1:00-2:00pm. Links are on our weekly planner.

READING: 85-126 in Edwards

UNIT THREE Identification Terms 

Today's Essential Question: How does the First Amendment's freedom of speech clause apply to students at school?

Learning Standards:

LOR-2.C: Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty.

LOR-2.C.2: The Supreme Court has held that symbolic speech is protected by the First Amendment, demonstrated by Tinker v. Des Moines Independent Community School District (1969), in which the court ruled that public school students could wear black armbands in school to protest the Vietnam War.

LOR-2.C.3: Efforts to balance social order and individual freedom are reflected in interpretations of the First Amendment that limit speech, including:

• Time, place, and manner regulations 
• Defamatory, offensive, and obscene statements and gestures 
• That which creates a “clear and present danger” based on the ruling in Schenck v. United States (1919)

LOR-3.B.1: The Supreme Court has on occasion ruled in favor of states’ power to restrict individual liberty; for example, when speech can be shown to increase the danger to public safety.

Freedom of Speech

Yesterday's lesson focused on the protections and limitations of the 1st Amendment's freedom of speech. Similar to the Establishment Clause, the courts often address issues related to conflicts between school officials (the government) and students' rights. Today we will examine what protections, if any, are guaranteed for students.

The main case dealing with student freedom of speech is Tinker v. Des Moines (1969). Students were suspended for wearing black armbands to school to protest the war in Vietnam. Did the school have the authority to suspend students or was this a protected form of speech? Does the 1st Amendment extend its protections to students?

The Court ruled in favor of the students, stating that students do not shed their constitutional rights at the front door of the school. This symbolic, political speech was protected.

Bethel v. Fraser (1986) addressed another student speech issue when Matthew Fraser gave a nominating speech for student council at a school assembly with sexual innuendo. The Court ruled against Fraser in this case.

A more recent case is the infamous Morse v. Frederick (2007), more commonly referred to as the Bong Hits 4 Jesus case. Watch the video below for more information.

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