Tinker v. Des Moines
What did the student in Tinker wear to school?
Black armbands
What did Fraser do at school that got him in trouble?
Fraser delivered a speech with sexual metaphors at a school assembly.
What type of books are in question in Mahmoud?
Books featuring LGBTQ+ characters and themes.
What were the students in Tinker protesting?
The Vietnam War
About how many student were present at the school assembly in Bethel?
Approximately 600 students.
How many books did Montgomery County schools use in Mahmoud?
5 books.
What kind of speech are we discussing in Tinker?
Symbolic speech
How did the school discipline Fraser?
Fraser was suspended (for 3 days) and removed from the graduation speaker list.
What did the district remove that the parents wanted to reinstate?
Opt-out policies that allowed parents to exempt their children.
Based on Tinker, when can schools restrict student speech?
Schools can only restrict student speech if it would "substantially disrupt" the school environment or infrige upon the rights of others
What words did the court use to describe Fraser's speech?
Lewd, indecent, or offensive.
What were the parents' arguments?
The parents sued the schools, arguing these materials violated their First Amendment religious rights and Fourteenth Amendment due process rights.
What is the key quote from Tinker that the court used to express their holding?
"Students do not shed their constitutional rights at the schoolhouse gate."
What did the court rule about the school district's authority?
The Supreme Court ruled that the school district had the authority to discipline Fraser.
What was the majority's decision in Mahmoud?
Parents have the fundamental right to direct their children's education, especially regarding religious matters. Schools must provide an opt-out option.