www.oyez.

org
ACTION

Name: ____________________________
Do you think the
action is a form of
constitutionally
protected symbolic
speech?

YES
In order to protest against a former
employer, an individual marches
outside the business with a picket
sign. State law says picketing is
illegal. The individual is arrested
and fined $100.
To read the case abstract and
ruling, type Thornhill v.
Alabama in the search engine.

A young man walking through a

public park wears a jacket that
says "F--- the draft. Stop the War."
The individual is convicted for
violating a law that forbids
"maliciously and willfully
disturb[ing] the peace and quiet of
any neighborhood or person [by]
offensive conduct." The individual
is arrested and sentenced to 30
days in jail.
To read the case
abstract and ruling, type Cohen v.

NO

YES

Part III
What did the abstract and actual
ruling of the case say?

NO
NO

An individual burns a draft card to

express opposition to the war.
Federal law says that burning draft
cards is a crime.
To read the case abstract and
ruling, type OBrien draft card,
click on United States v.
OBrien.

PART II
Rationale
(Why or why not)

Because this picketing could

potentially hurt the environment
which is someone's property.

It was protected because there was

no clear and present danger.

It possibly could hurt the

government or anyone else.

It was not protected because the

first amendment rights wasnt as
high as the problem.

He isnt yelling out anything or

hurting other people. He is just
wearing his own shirt.

It was protected because he wasnt

provoking others. One mans
vulgarity is anothers lyric.

California in the search engine.

ACTION

Do you think the

action is a form of
constitutionally
protected
symbolic
speech?

YES
An organization applies for a
permit to hold a demonstration on
the National Mall. Members plan
to erect tent cities in order to
demonstrate the plight of the
homeless. The permit was denied
on the grounds that camping is
forbidden in the mall. To read the
case abstract and ruling, type
Clark v. Community for
Creative Non-Violence in the
search engine. (Clark represents
National Mall)
New Hampshires state motto,
Live Free or Die appears on
license plates. An individual
covers or die on the grounds that
it goes against his religious and
political beliefs. He is convicted
for violating a state law, fined, and
sentenced to jail time. To read the
case abstract and ruling, type
Wooley v. Maynard in the
search engine.
An individual burns an American
flag in order to protest federal
government policy. State law says
it is a crime to destroy the flag.
The individual is convicted,
sentenced to one year in prison,

YES

What did the abstract and actual

ruling of the case say?

NO
NO

YES

Rationale
(Why or why not)

Camping is not allowed and

that might cause damage to the
property.

It did not violate the first amendment.

The Court said that expression is
subject to a reasonable time, place,
and manner restrictions. It said that
protesters have other ways of
communicating their ideas.

It is his own choice to have

whatever on their licence plate.
Its like making someone wear a
shirt that says something
offensive and yelling at them if
they take it off.

It was protected because it was

someones mobile billboard and they
had the freedom to put on whatever
they want or take off whatever they
wanted.

It is their freedom of speech to

do or say whatever they want.
Even though it is disrespectful,
they can show their
feelings/thoughts by however.

It was protected under the first

amendment. Even though some
people may be offended by the
burning of the flag, its still
protected.

and fined $2,000.

To read the case abstract and
ruling, type Texas v. Johnson in
the search engine.

Students' Rights and the Supreme Court

Background
In the landmark Supreme Court case Tinker v. Des Moines, Justice Fortas wrote, "It can hardly be argued that either
students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.."
This quotation is often used, but what does it mean? Do students have the same rights as adults? Do students and
teachers have the same rights while they are in school as they do outside of school?
In this activity, you'll examine some of the Supreme Court cases that have dealt with students rights.
Directions:
1. The left-hand column contains a list of general rights. Read that list.
2. The second column shows you the name of an important court case that deals with these rights.
3. Read about the case by going to the website: www.oyez.org. Here are the steps you should take:
a. Type in www.oyez.org
b. In the search engine, type in the name of the case given.
c. Then select the first choice the search engine comes up with.
d. Read the abstract and court ruling to help you.
4. In the final column, explain the gist of the Supreme Courts ruling.
5. Last, answer the questions to consider.

STUDENTS RIGHTS
General
Rights

Freedom of
the Religion

Related Court
Case
Santa Fe
Independent
School District
v. Doe

Name _______________________
After reading each that involves students rights, give the gist of the Supreme Courts decision
The Supreme Court decided that it violates the first amendment. The prayer was a public speech on
government property.

The Supreme Court ruled it inappropriate for a school setting. They said that schools have their own
rules students have to follow. Also that there were younger students and it disrupted their learning.
Freedom of
Speech

Drug Testing

Due Process

Bethel School
District v.
Fraser

Vernonia
School District
v. Acton

Goss v. Lopez

The Supreme Court ruled that it didnt violate it because when the students are at the school they are
under state laws and everything is public.

The Supreme Court ruled that it did violate the first amendment because the students had their rights
taken away. At minimum the kids should be told about the hearing.

Question to Consider:
In a non-school setting, are children's' rights restricted in the same way that they are in a school setting? Why do you think this is the case?

Childrens rights arent restricted the same way they are in a school setting vs. a non-school setting. This is because at school, teachers are viable
for injuries and the state is over it. Since it is paid for from the government then there has to be rules to help keep the school stable and to keep the
students to be safe. Its different from a public park because there you can do whatever and there arent many rules. Kids can do whatever they
want at a public park but once they go into a school they have many more rules to follow.