Free Speech
What are the three categories of speech that are generally not protected by the First Amendment?
What stage of a trial happens before opening statements?
Discovery
What is stronger: an opinion or admissible evidence?
Admissible evidence
Which Amendment protects freedom of speech?
First Amendment
A student quietly wears a shirt supporting their favorite political candidate.
Protected or Not Protected?
Protected
What was the holding in Tinker v. Des Moines?
Students do not lose their constitutional rights to free speech at the schoolhouse gate, unless their speech substantially disrupts the learning environment.
Who has the burden of proof in a criminal trial?
The prosecution
What does "admissible" mean?
Evidence that is allowed to be presented in court.
True or False: Free speech protects everything you say.
False
A student stands up during class and repeatedly screams so no one can hear the teacher.
Can the school stop this?
Yes
What was the speech involved in Tinker v. Des Moines?
Students wore black armbands to protest the Vietnam War.
What is the purpose of cross-examination?
To challenge the witness's testimony or credibility
Why is eyewitness testimony sometimes unreliable?
Memory can be affected by stress, time, distractions, or perception.
What level of scrutiny is generally applied to laws restricting speech?
Heightened scrutiny
Someone posts online:
"I don't like my principal."
Protected or Not Protected?
Protected
What did the school argue in Tinker?
That the armbands would disrupt the learning environment.
What is the difference between an opening statement and a closing argument?
Opening statements tell the jury what the evidence will show; closing arguments explain what the evidence did show.
Why is discovery important?
It allows both sides to gather evidence and prepare for trial.
Why are speech laws reviewed with heightened scrutiny?
Because free speech is one of the most protected constitutional rights.
A student encourages classmates to start a fight after school.
Protected or Not Protected?
Not protected
The First Amendment only applies to what actions?
Government
What happens immediately after both sides rest their cases?
Closing arguments
Why can't attorneys surprise each other with new evidence during trial?
Because evidence is generally exchanged during discovery so both sides can prepare.
Speech laws must serve a __________ government interest and be narrowly tailored.
Compelling
A student peacefully wears a black armband to protest a school policy without disrupting class.
According to Tinker, should the school suspend the student?
No