Free Speech &Experssion( 1st amendment)
A group of public middle school students wear plain black armbands to school to peacefully protest a foreign war. The principal suspends them, claiming it causes a political distraction.
UNCONSTITUTIONAL
Tinker v. Des Moines (1969) — Students retain free speech rights unless it causes a "substantial disruption."
A state legislature passes a law making it a crime to burn or desecrate the American flag during a political protest.
UNCONSTITUTIONAL
Precedent: Texas v. Johnson (1989) — Offensive or unpopular symbolic political expression is protected speech.
School staff suspect a middle school student has prescription-strength ibuprofen pills. They require the student to strip down to her underwear for a physical search.
UNCONSTITUTIONAL
Precedent: Safford Unified School District v. Redding (2009) — The extreme intrusion of a strip search must match the danger of the suspected contraband.
A public school district requires teachers to lead a daily, non-denominational prayer over the loudspeaker at the start of every morning.
UNCONSTITUTIONAL
Precedent: Engel v. Vitale (1962) — Government institutions like public schools cannot sponsor or encourage religious exercises.
A state court refuses to provide a free lawyer to an impoverished person accused of a felony theft because the death penalty isn't on the table.
UNCONSTITUTIONAL
Precedent: Gideon v. Wainwright (1963) — States must provide legal representation to any defendant facing felony charges who cannot afford one
A student wears a shirt to a public high school reading "I Hate Math" with a cartoon target. The school demands they change or go home, citing dress code policies against negative messages.
UNCONSTITUTIONAL
Tinker v. Des Moines (1969) — Merely being uncomfortable or critical without disrupting class is protected expression.
A young man publicly burns his military draft card on the steps of a courthouse to protest a war. Federal law strictly prohibits altering or destroying draft registration certificates.
CONSTITUTIONAL
Precedent: United States v. O'Brien (1968) — Government can regulate conduct if there is a compelling interest unrelated to suppressing speech (maintaining the military draft system).
A teacher catches a student texting in class. The principal takes the phone and reads through all text messages, photos, and social media apps without parental permission.
UNCONSTITUTIONAL
Precedent: Riley v. California (2014) applied to school settings — Searching digital contents of a phone requires a far higher standard than looking inside a backpack.
A public high school invites a local pastor to deliver an official prayer during the mandatory graduation ceremony.
UNCONSTITUTIONAL
Precedent: Lee v. Weisman (1992) — Including clergy-led prayer at official school events creates subtle coercion for attending students
A defendant is charged with a minor misdemeanor that carries a potential sentence of 90 days in county jail, but the state refuses to assign a public defender.
UNCONSTITUTIONAL
Precedent: Argersinger v. Hamlin (1972) — No person may be imprisoned for any offense unless they were represented by counsel at trial.
A student fails to make the varsity cheer squad and posts a rant on Snapchat on Saturday using vulgar language about the school. The school suspends her from all extracurriculars.
UNCONSTITUTIONAL
Precedent: Mahanoy Area School District v. B.L. (2021) — Schools have severely limited authority to punish off-campus, non-threatening speech on personal devices.
A city council passes an ordinance making it illegal to sit or kneel during the national anthem at publicly funded stadium events.
UNCONSTITUTIONAL
Precedent: Texas v. Johnson (1989) / Barnette (1943) — Government cannot outlaw peaceful symbolic gestures during civic events.
A public high school principal receives a specific tip that a student is selling vape pens out of their bag. The principal searches the student's backpack without getting a warrant from a judge first.
CONSTITUTIONAL
Precedent: New Jersey v. T.L.O. (1985) — School officials only need reasonable suspicion, not a police warrant or probable cause.
A high school allows various non-curricular student clubs (Chess Club, Anime Club) to meet after school, but denies permission for a Bible Study club to use a classroom.
UNCONSTITUTIONAL
Precedent: Board of Education of Westside Community Schools v. Mergens (1990) — Under the Equal Access Act, if a school allows non-curricular clubs, it cannot discriminate against religious clubs.
A suspect in custody asks for a lawyer, but police tell him,"You can have a lawyer at trial, but you have to answer our questions right now first."
UNCONSTITUTIONAL
Precedent: Escobedo v. Illinois (1964) — Accused individuals have the right to counsel during police interrogations, not just inside a courtroom.
A public school requires all students to stand and recite the Pledge of Allegiance every morning. A student sits silently due to personal beliefs and receives detention.
UNCONSTITUTIONAL
West Virginia State Board of Education v. Barnette (1943) — Government cannot compel individuals to speak or recite pledges.
A town council bans all residential yard signs except for "For Sale" and "Garage Sale" signs, forcing a homeowner to take down a political campaign sign.
UNCONSTITUTIONAL
Precedent: City of Ladue v. Gilleo (1994) — Total bans on residential political signs restrict too much vital political speech.
A school administration conducts a unannounced, school-wide locker check using drug-sniffing dogs on all hallway lockers owned by the school district.
CONSTITUTIONAL
Precedent: New Jersey v. T.L.O. (1985) — Lockers are school property, and non-intrusive routine safety sweeps are permitted.
A public high school football coach quietly kneels on the 50-yard line after games to pray by himself, and some players voluntarily join him.
Kennedy v. Bremerton School District (2022) — Individual, non-coercive religious expression by an employee during personal time is protected under free speech and free exercise.
A wealthy CEO is charged with financial fraud and requests a free public defender paid by taxpayers. The judge denies the request and tells her to hire her own attorney.
CONSTITUTIONAL
Precedent: Gideon v. Wainwright (1963) — The right to state-appointed counsel only applies to indigentdefendants who cannot afford legal representation.