Tinker v. Des Moines
A student wears a black armband to protest a war.
Yes. Symbolic Speech is protected.
A person falsely yells “Fire!” in a crowded theater.
No. This can create a clear and present danger for anyone around.
A corporation pays for ads supporting a political candidate.
Yes. Companies are allowed to make contributions as long as they are done legally.
A student wears a T-shirt with a political message that some students disagree with, but there are no disruptions.
Yes. This causes no major disruptions which makes it ok in this case.
During wartime, a person distributes pamphlets urging people to resist the draft.
No. This is counted as creating a clear and present danger because it causes disruptions to the draft process.
A wealthy individual donates large sums of money to a political campaign.
Yes. As long as it goes through the right places and has been done legally.
A student hands out flyers criticizing the school lunch policies between classes, and causes a back up in the school hallways.
Yes. While the student causes a disruption to the school day, it is only minor and would likely be allowed.
A speaker at a rally encourages people to protest government policies but does not call for violence.
Yes. Due to the fact that this does not lead to violence, it is ok in this case to protest because there is no violence.
The government limits how much money a corporation can spend on independent political ads.
No. Due to the fact that the companies are allowed to make donations of their own free will, there can't be limits as long as it doesn't go directly to the candidate.
A group of students stage a protest during lunch that becomes loud and draws a crowd, it makes it very difficult for administrators and teachers to maintain order.
No. This causes a big disruption to the school day and therefore can't be protected.
A social media influencer tells followers to “shut down the city” and block roads, causing major disruptions.
No. This is causing a clear disruption to life in and around the city. It may only be ok if there are permits made with the city for the blockages.
A nonprofit releases a political documentary right before an election, and the government tries to block it.
Yes. The film can be released because it is not associated directly with the political candidate.
A student posts a controversial political rant online (off campus). The post causes arguments and tension at school the next day.
It depends. Even though this happened off campus, it still led to disruptions to the school day. One could argue though that because of where it was posted, it is protected.
A protest leader gives an emotional speech saying, “If they don’t listen to us, we may have to take matters into our own hands someday.”
It depends. This is could be seen as inciting violence. This could be only speaking metaphorically and not inciting violence.
A state passes a law requiring all political donors to be publicly identified, even for controversial causes.
It depends.