Vocab
Define Abridge.
To reduce or lessen in scope.
What precedent did Tinker v. Des Moines give students?
The right to protest at school.
What freedom is most often associated with the First Amendment?
Freedom of speech.
Specifically, what things has the court limited with freedom of speech? List as least two.
Clear and present danger; fighting words; obscenity; defamation; inciting violence; true threats of violence.
According to the decision in Tinker, can a student wear a shirt endorsing a political candidate to school?
Yes.
Concur.
According to Tinker, when can student speech be limited?
When it causes material/substantial disruption to the operation of the school.
Who or what has the power to decide limits on freedom of speech?
The U.S. Supreme Court
Specifically, what expressions of speech have been protected? Name at least two.
Not saying the pledge of allegiance; flag burning; cross burning (as long as it's not being done to intimidate)
Based on the limits and protections of the First Amendment, can an employee of Subway be fired for posting: "Subway is the worst corporation. Their sandwiches are garbage too."
Yes. Subway is a private corporation and can fire people for speech that harms their business.
Define Dissent.
To have or express an opinion different from the majority.
What did the court hold in Bethel v. Frasier?
Schools may discipline speech that is lewd, vulgar, or plainly offensive.
What are the five freedoms guaranteed in the First Amendment?
Religion, press, speech, assembly, and petition.
What patterns are there with the limits on speech?
Limited protection for speech that causes direct harm to others
Based on the limits and protections of the First Amendment, can a police officer be fired for yelling loudly in a police station: "I'm going to bomb the White House!"
Yes. The Supreme Court has made an exception to free speech when it poses a clear and present danger.
What word fits this definition: To right a wrong.
Redress.
What did the court hold in Morse v. Frederick?
Schools may limit speech that promotes illegal drug use
What was the original purpose of the First Amendment?
What patterns are there with the protections on speech?
The Court has protected political speech: people cannot be forced to make certain political statements
(ex: pledge of allegiance), nor can they be punished for expressing their political opinion in an offensive way
A student in 6th grade sits down during the pledge of allegiance and does not recite the words. The teacher assigns them lunch detention. Was the teacher allowed to punish the student for this?
No. According to the protections of the First Amendment, expressing unpopular opinions is protected speech.
Define Precedent.
A past decision that can be used to guide future decisions.
What did the court hold in Mahanoy Area School District v. B.L?
Schools have limited authority over off-campus speech
The U.S. courts have ruled that these four institutions (that get their authority from the federal government) are also limited in how they can restrict speech:
State governments; the military; police; and public schools.
What is the famous line that Justice Fortas wrote about students' rights in the Tinker opinion?
(As close as you can repeat to the line)
Students and teachers do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
A teacher at a private school posts: "Congress is buns. They need to do something about all the ding dongs in public school. Private school is where it's at, yo." Parents don't like the language used. Can the teacher be fired?
Yes. Private schools can limit or punish speech since they do not get their power from the federal government.