INTRODUCTION
QUICK SURVEY: Ask yourself the questions
below:
1)
Do you agree with all school rules regarding
student conduct?
2)
Do you agree with the “no hats” allowed in
school rule?
3)
Should schools have a dress code?
4) Have you ever
said, “This school feels like a jail”
Tattoos,
body piercings, crazy hair styles … These are just some of the ways in which
teenagers try to express their individuality and to exercise their
independence. Teenagers have always
struggled to find ways to express themselves.
At times, school rules have come into conflict with the rights of
students and their right to self-expression (free speech).
Imagine, you are on the Principal’s advisory committee, which
reviews and evaluates your school’s behavior code. Recently, in an effort to maintain discipline
and improve school tone, your principal instituted a new rule, which permits
the suspension of students who wear “inappropriate” clothing or
accessories.
Your group must decide if this rule violates the constitutional rights of students in school buildings. You must ask yourselves if students give up their constitutional rights when they are in school. You will research a Supreme Court case involving this issue called TINKER v. DES MOINES, which will help you form an opinion in this matter.
TASK
You
will prepare a written report summarizing the Tinker v.
Your
report should include the following sections:
Summary of case facts in your own words
Constitutional issue
involved in the case
Supreme Court decision with an explanation of
their arguments
Your evaluation of the case and how it relates
to your current problem
PROCESS
Use Compulegal (http://www.maxwell.syr.edu/plegal/scales/instruct1.html)
to learn about Tinker v.
In groups of two:
1)
Review Tinker
cartoon (visual 1)
2)
Read the Tinker
case with your partner and answer the questions below.
Who are the Tinkers?
Why did they wear armbands to school?
How did the Principal respond to their actions? What was he trying to accomplish? Was he/she
justified?
Do you agree with their actions? Why? Why not?
3) Use the
information above to help you complete the fact/issue
worksheet
and generate an
issue question.
4) Read the argument
worksheet and then read the Supreme Court’s
decision.
5)
Read the precedent sheet
and pick at least one other case which supports your position.
6)
Use the completed worksheets to prepare your written report and
recommendation to the principal.
RESOURCES
1) Other Freedom of Speech
cases
2) Ask A Legal Eagle - http://www.maxwell.syr.edu/plegal/welcome.html
3) Student Resources - http://www.maxwell.syr.edu/plegal/tips/resres.html
4) Tinker
v. Des Moines Summary
5) Student Rights/Tinker Summary - http://www.skidmore.edu/academics/gov/GO-314/Tinker.htm
6) First Amendment Resources - http://www.fac.org/Speech/studentexpression/cases_resources_summary.aspx
7) Student Rights and the Supreme Court - http://members.tripod.com/~skyhawk13/cases.html
EVALUATION
Student reports
will be evaluated using the following rubric:
Earned
a Grade of A
q
Shows thorough understanding of
the topic
q
Addresses all aspects of the
task
q
Shows ability to analyze,
evaluate, compare and contrast issues
q
Richly supports topic with
relevant facts, examples, and details
q
Shows ability to analyze,
evaluate, compare and contrast issues
q
Richly supports topic with
relevant facts, examples, and details
q
Presents a strong and well
organized “ case”
Earned a Grade of B
q
Shows a good understanding of
the topic
q
Addresses all aspects of the
task
q
Shows ability to analyze,
evaluate issues
q
Includes relevant facts,
examples, and details, but not support all aspects of the “case”
q
Presents an organized “case”
Earned
a Grade of C
q
Presents satisfactory
understanding of the topic
q
Addresses most aspects of the
task
q
Able to analyze issues and
events, but not in depth
q
Uses some relevant facts,
examples, and details
q
Presents “case”, but not very
organized
Earned a Grade of D
q
Shows little understanding of
topic
q
Attempts to address topic, but
uses vague and/or inaccurate
information
q
Uses little facts, examples, or
details
q
Cannot present an acceptable
“case”
STANDARDS
English
Language Arts Standards
E1C – Read and comprehend informational
materials
E3B – Participate in group meetings
E2A – Produce a report of information
Social Studies Standards
SS5 – Civics, Citizenship, and Government –
Students will use a variety of intellectual skills to demonstrate their
understanding of the necessity for establishing governments, the governmental
system of the United States and other nations; the United States Constitution,
the basic civic values of American constitutional democracy; and the roles,
rights and responsibilities of citizenship, including avenues of participation.
CONCLUSION
Students will gain
a working knowledge of Compulegal and its resources. Students will have researched and produced a
written artifact demonstrating an understanding of the Tinker case and its
impact on students and free expression.
Students will be familiar with CONLAW and our next webquest
will be to investigate the case of