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Lesson 5: Speech & The Constitution Topic: Do Students Have Freedom of Speech and Press in Public Schools? Background: Since education is not an area listed among the specified powers delegated to Congress in the Constitution, most public policy concerning education has been under the auspices of the states in accordance with the Tenth Amendment. Therefore, throughout most of our history, federal courts have been reluctant to intervene in education, with the notable exception being school desegregation crises of the 1950’s. The case of Tinker v. Des Moines School District (1969) reached the Supreme Court at the end of the Warren Court era, a period during which the majority of the Bill of Rights was being applied to the states by being incorporated under the due process clause of the Fourteenth Amendment. In 1965, the vast majority of Americans supported our involvement in Vietnam. Among those who dissented, there was a Quaker family, the Tinkers, living in Des Moines, Iowa. The two children, John and Mary Beth, decided at a church meeting to express their opposition by wearing black armbands to school. When school officials learned of this, they passed a rule under which anyone would be suspended for wearing armbands. This case raises several issues regarding symbolic speech, whether students in school are persons under the Fourteenth Amendment, and whether students’ free speech rights can prevail over the school’s efforts to avoid a possible disruption. Objectives: Students will be able to:
Materials: Handouts 5A, "The Tinkers’ Values Conflict;" 5B, "The Tinker Case (1969);" 5C, "The Tinker Case: Decisions and Reasoning;" 5D, "Bethel School District v. Fraser (1986);" 5E, "Hazelwood School District v. Kuhlmeier (1988)." Time Required: 2-3 class periods Procedures:
Performance Assessment: Have students read Handout 5D, "Bethel School District v. Fraser" and ask them to go to opposite walls of the classroom depending on which side they favor. Facing each other, students standing against each wall should orally state their arguments to support their position. When this informal debate has ended, provide students with the Supreme Court’s decision and reasoning on behalf of the school district. Repeat the process with Handout 5E, and see if students move from one side of the room to the other do the different facts. Again, following debate, provide the decision.
Further Enrichment: Based on multiple intelligence theory. Linguistic: Students should write a story about something that they would like to protest in their school. Tell them that the story should include what they want to protest, how they would do it and what they think would happen to them as a result of the protest. Logical Mathematical: After students have completed the handouts, ask them to predict the future of freedom of speech in the school. Students should decide whether they think there will be more or less freedom in the future. Spatial: Have students discuss the meaning of "symbolic free speech." Students should design a button or pin that can be worn on an article of clothing to protest something. Ask them if the school should allow them to wear this article of clothing. Kinesthetic: Conduct a series of role-plays about the Tinker case. In the first, the principal should confront Mary Beth Tinker and her parents and then hold a pre-suspension hearing. The next role-play should be the church meeting at which it was decided that armbands would be worn to protest the war in Vietnam. Alternative actions should be suggested and discussed. Ask students if there is another way of protesting the war that would have not caused so much trouble for Mary Beth Tinker. Intrapersonal: Tell students that the Supreme Court stated in Tinker that "students do not lose their rights at the schoolhouse door." Ask them if they have ever wanted to say or write something about their school but were afraid to do it because they were concerned about punishment. If so, how did they feel about it? Students should close their eyes and silently think about how important it is to have the right to freedom of speech. Interpersonal: The teacher should ask a series of questions about the handouts. As these questions are being asked, students gather in pairs and form two concentric circles. The inside circle faces out. The outside circle faces in. Students use flash cards to respond to teacher questions as they rotate to each new partner. Handout 5A: SPEECH & THE CONSTITUTION
Handout 5B: SPEECH & THE CONSTITUTION
Handout 5C: SPEECH & THE CONSTITUTION DECISIONS AND REASONING: The Tinker Case Goes to the U. S. Supreme Court In 1969, the nine justices on the Supreme Court agreed to hear the arguments in the Tinker case. They listened to the arguments on each side. Then the Supreme Court justices made their decision. Below are parts of the majority opinion (the opinion that at least 5 of the justices supported) and the dissenting opinion (the opinion of the justices in the minority). Read both opinions and select the one that you prefer. Which on do you think was the majority opinion? Opinion I The school was correct in passing the rule preventing the wearing of armbands by students. Public schools are places for students to learn, not protest. We cannot allow students to ignore the rules of the school board, simply because they do not agree with them. School discipline is important in our public schools and we cannot allow the Tinker children or any other student to interfere with the education of our children. Opinion II The school was not correct in passing the rule preventing the wearing of armbands by students. There was no disturbance in the school as a result of the wearing of the armbands. And, the learning of the students in the classes was not interfered with by the wearing of the armbands. Students do not give up their right to freedom of expression when they enter school. Discussion Questions
Handout 5D: SPEECH & THE CONSTITUTION
Handout 5E: SPEECH & THE CONSTITUTION
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