First Amendment

This inquiry leads students through an investigation of students’ rights and the First Amendment to the United States Constitution. By investigating the compelling question, students consider the ways in which their rights provide a unique perspective on learning about the First Amendment and the extent to which schools are “special areas,” in which various courts have made rulings that may be seen as limiting students’ First Amendment rights.

Compelling Question

Are Students Protected by the First Amendment?

Staging Question

Read a story from the Washington Post about students in Ohio who were expelled for posting rap videos to their social media pages; then assess the actions of the school and the students.

What is the difference between the Tinker Standard and Fraser Standard as they relate to students’ free speech?

Formative Tasks

Complete a T-chart on the differences between the Tinker Standard and Fraser Standard.

Sources

Source A: First Amendment, Bill of Rights
Source B: Excerpt from a summary of "Tinker v. Des Moines School District"
Source C: Excerpt from a summary of Bethel School District v. Fraser

Does the “no prior restraint” rule apply to students?

Formative Tasks

Explain in a paragraph the extent to which the Constitution’s no prior restraint rule applies to the Hazelwood and Layshock cases.

Sources

Source A: Definition of the term “prior restraint”
Source B: A summary of "Hazelwood School District v. Kuhlmeier"
Source C: Excerpt from a summary of "Layshock v. Hermitage School District"

How does the Supreme Court determine the limits of students’ rights?

Formative Tasks

Write a concurring or a dissenting opinion on Morse v. Frederick.

Sources

Source A: A summary of Morse v. Frederick
Source B: Excerpt from Justice Thomas’s concurring opinion in Morse v. Frederick

Can school officials exert control over students’ use of social media?

Formative Tasks

Develop a claim supported by evidence about school control over social media that answers the supporting question.

Sources

Source A: Excerpt from Judge Kravitz’s Memorandum of Decision in "Doninger v. Niehoff"
Source B: Excerpt from Judge Garber’s decision in "Evans v. Bayer"
Source C: Excerpt from Judge Simon’s decision in "T. V. v. Smith-Green Community School Corporation"
Source D: Excerpt from Judge Wilson’s decision in "J. C. v. Beverly Hills United School District"