1. The Courts and the Constitution The Silent Protest Tinker v. Des Moines Independent Community School District Copyright 2010 The Florida Law Related Education Association, Inc. TM

2. If you were responsible for selecting all of the judges in Florida what would you look for? Knowledge Skills Dispositions/Qualities TM

3. How are judges different from political officials? vs. TM

4. Calling all judges……. How would you write a job description or advertisement to find a good judge? TM

5. Judicial Decision-making Judges cannot make decisions based on their feelings…… Decisions must be based on the law. Legal reasoning Prior cases/ precedent Constitution Statutes TM

6. Today, you will be a justice on the US Supreme Court and decide a real case. TM

7. But first… You need to know the First Amendment to the US Constitution. TM

8. How many rights How many rights are in the First Amendment? Can you name them? TM

9. The first amendment—5 rights Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Right to petition the government Note: Only 2 % of Americans could name all five rights in the First Amendment. TM

10. First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.” TM

11. Speech What is speech? Just words……or more? Signs, symbols, messages on tee-shirts, etc. TM

12. Free speech—limits Should there be limits on speech ? What are some limits that you can think of? TM

13. School Speech vs. Public Speech The Court has generally recognized that students do not shed their constitutional rights when they enter school. However, the Court has traditionally recognized that the educational mission of the school cannot be disrupted by the exercise of free speech. Speech rights at school differ from outside the school environment. TM

14. The Silent Protest Now for the case: Read and highlight or circle the important facts. TM

15. Tinker v. Des Moines Independent Community School Dist. In 1965, three public school students protesting the Vietnam War came to class wearing black armbands with a peace symbol. They were silently protesting the Government’s policy in Vietnam. The principals of the school district had agreed that all students wearing armbands must remove them or face suspension. When they refused to remove the armbands, the students were suspended. TM

16. The Silent Protest What did the students do? What happened to the students? How does this involve the First Amendment? Mary Beth TinkerJohn TinkerChristopher Eckhardt TM

17. What rule did the students violate? Why do you think the principals created this rule? TM

18. Should the students be allowed to wear the armbands? Were the students causing a disturbance? Did the students interfere with the rights of others at school? TM

19. What can they do?? Courts can only make decisions on cases that come before them. Courts are often asked to review if a law or action of the government violates their rights. Did the schools violate the students’ rights to free speech? TM

20. US District Court Southern District of Iowa US District Court (How it appears today) First step in the federal trial courts: Students’ parents filed a legal action. TM

21. What is an Appeal? Appeal US Court of Appeals United States Supreme Court US District Court Appeal TM

22. Precedent Burnside v. Byars, 363 F.2d 744 (5th Cir.1966) –African-American students in a segregated high school wore “freedom buttons” that said “One Man One Vote.” –Students stated that they wore the buttons as a means to encourage members of the community to exercise their civil rights. –Fifth Circuit decided that school officials cannot infringe upon the students’ right to free expression where the exercise of such rights in the school does not “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” A prior legal decision that serves as an example or model for the current decision. TM

23. Precedent West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624 (1943) –Students who were members of the Jehovah’s Witness faith refused to salute the American flag. –Under the State Board of Education Code, the students were expelled for their failure to salute. School officials threatened to send the students to reformatories for juvenile delinquents. –The Supreme Court held that this provision of the Code violated the First Amendment because there was no claim that “remaining passive during a flag salute ritual creates a clear and present danger that would justify an effort to muffle expression.” A prior legal decision that serves as an example or model for the current decision. TM

24. Precedent Cox v. Louisiana, 379 U.S. 536 (1965) –Cox was arrested for leading a march that protested racial segregation in businesses. –Supreme Court held that Cox’s conviction for disturbing the peace violated the First Amendment where the assembly was peaceful and orderly and the protesters were not hostile or aggressive. –The Court also held that Cox’s conviction for obstructing a public right of way violated the First Amendment. The Court found that city officials were selectively enforcing the broadly-worded law to only prohibit the expression of ideas with which they disagreed. A prior legal decision that serves as an example or model for the current decision. TM

25. Issues to be Considered Was the act disruptive? Could the act have resulted in harm to the other students? Is wearing armbands a form of speech that should be allowed? TM

26. Should the students be allowed to wear the armbands? Were the students causing a disturbance? Did the students interfere with the rights of others at school? TM

27. Question? Did the principal’s actions violate the students’ First Amendment freedom of speech protections? Yes or No Why or why not TM

28. Silent Protest Question before the court (constitutional question): Does the principals’ rule violate the students’ First Amendment rights to freedom of speech/expression? TM

29. Silent Protest Individually answer the question – Yes or No based on the facts of the case the Constitution Give 3 reasons in writing. TM

30. Silent Protest If you answer YES… You are deciding for the students. If you answer NO… You are deciding for the school board. Des Moines School BoardMary and John Tinker TM

31. Does the principals’ rule violate the students’ First Amendment rights? TM

32. Silent Protest Establish groups of 5 Choose a Chief Justice Chief Justice Maintains Order Poll the Justices. How did each one answer the question and why? Try to come to a unanimous decision. You have 10 minutes to discuss then take a final poll TM

33. Silent Protest After each Court decides: Bring the Chief Justices to the front of the room to report on the decision of each group Tally results and announce TM

34. Silent Protest What did the real US Supreme Court decide? Why? TM

35. US Supreme Court 9 Justices 1969 WarrenBlackDouglasHarlan BrennanStewartWhiteFortasMarshall TM

36. Opinion of the CourtDissenters BlackHarlanWarren Douglas Brennan StewartWhite Fortas Marshall TM

37. US Supreme Court Decision The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. The principal had failed to show that the forbidden conduct would materially and substantially interfere with the work of the school or impinge upon the rights of other students. 7 – 2 In favor of the students (Tinker) The Oyez Project, Tinker v. Des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969) available at: (http://oyez.org/cases/1960- 1969/1968/1968_21 )http://oyez.org/cases/1960- 1969/1968/1968_21 TM