2.03 Tinker v. Des Moines

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CALL TO
ORDER
Make sure your
homework is in
the upper right
hand corner of
your desk!!!
Do you think that students should be able
to say whatever they want in school?
Why or why not? Justify your answer in at
least 3 sentences.
I’ll beat
you up
after
$#@#$(*(#
@)
Refresh and Review
Yesterday, we learned
that you are allowed
to exercise your first
amendment right as
long as you do not
interfere with the
purposes of
government.
Homework: Let’s go over it!
1. What purpose of
government was the
government acting on by
requiring citizens to join
the army?
2. Why did Mohammed Ali
refuse to join the army?
3. What aspect of the First
Amendment protects
Mohammed Ali’s reason?
Homework: Let’s go over it!
4. What would happen if
all American citizens
who were chosen for
the Army refused to
serve, just as
Mohammed Ali did?
5. Do you believe that Ali
should have had to
serve in the Army?
Why or why not?
Please explain using at
least 4 sentences.
Objective
Students will be able to evaluate the degree to
which students maintain their first amendment
rights in schools BY
• analyzing the precedent set by the Tinker v. Des
Moines case and Hazelwood v. Kuhlmeier case in
a graphic organizer
• sorting arguments for both sides of the Tinker
case
• comparing the outcome of both by creating a
political cartoon
• writing an editorial
What is precedent?
Precedent is when the outcome of a previous
decision affects future decisions.
EXAMPLE:
When the boy stole candy from the store,
his mother took away all of his toys. This
established the precedent that if the boy
stole candy again, he would receive the
same punishment.
In the scenario below, what
PRECEDENT is established?
Half way through Ms. Zeins’ class, a
student asks to go to the bathroom.
Ms. Zeins says “No”.
NO
What would
happen if another
student asks?
In the scenario below, what
PRECEDENT is established?
Gregory Lee Johnson burns a flag to protest the
Vietnam War. The Supreme Court rules that
the state of Texas cannot punish him just
because he offended some really patriotic
people.
Since it was not made illegal, the Supreme Court set
the PRECEDENT that people could exercise their free
speech by burning the flag!
Now that we have precedent down…
Let’s see where we stand on students’ rights. I need
everyone to stand up and move to either:
STRONGLY AGREE
AGREE
DISAGREE
STRONGLY DISAGREE
Depending on “where you stand” on each of the
following statements.
WHERE DO YOU STAND?
Since the
government can’t
take free speech
away from you, the
school shouldn’t
be able to either.
WHERE DO YOU STAND?
Free speech is not a
guaranteed right; the
government needs to
maintain order
sometimes, so it is
okay for them to take it
away if a situation is
unsafe.
WHERE DO YOU STAND?
In order for a school to function,
there must be rules
prohibiting behavior that
violates the school’s
educational mission. School
discipline is a part of
children’s development as
good citizens.
WHERE DO YOU STAND?
Schools are for learning, and
real learning includes debate
of controversial issues. Thus,
interacting with students who
have different viewpoints is
part of the educational
process.
WHERE DO YOU STAND?
Allowing students to wear what
they want, like rosary beads or
armbands, will lead us down a
slippery slope. Students will
see this as a reason to break
other school rules as well.
WHERE DO YOU STAND?
Students should be able to
publish or say whatever
they want in a
newspaper or on posters,
even if it criticizes the
people who run the
school.
WHERE DO YOU STAND?
There should be rules
about what can be
written in a school
newspaper, especially
because people could
have their feelings
hurt.
WHERE DO YOU STAND?
Cursing
should be
allowed in
school.
Take a seat.
Let’s take a look at TWO
Supreme Court cases that
set a precedent for how
students have been treated
in American schools.
FACTS OF THE CASE:
Tinker v. Des Moines
John and Mary
Beth Tinker
wore black
armbands to
school to
protest the
Vietnam War.
They were
suspended.
SUPREME COURT
SIDED WITH
TINKERS!
This case expanded the rights of
students in school under the first
amendment by saying that
students “do not give up their
right to free speech at the school
house gate.”
This case restricted the
rights of students in
school under the first
amendment by saying
students needed to
follow certain rules when
publishing work for the
school newspaper
COURT
SIDED WITH
PRINCIPAL
HAZELWOOD V.
KUHLMEIER
FACTS OF THE CASE:
Kuhlmeier and other
students printed
articles in the school
newspaper about
teenage pregnancy
and divorce. The
principal at
Hazelwood High
School, censored it.
What was the precedent set
by each of these cases?
Tinker v. Des
Moines
Hazelwood v.
Kuhlmeier
Objective
Students will be able to evaluate the degree to
which students maintain their first amendment
rights in schools BY
 analyzing the precedent set by the Tinker v. Des
Moines case and Hazelwood v. Kuhlmeier case in
a graphic organizer
• sorting arguments for both sides of the Tinker
case
• comparing the outcome of both by creating a
political cartoon
• writing an editorial
With a partner:
Qualify the arguments of the
Tinker v. Des Moines case.
Write a “T” if it is an argument
Tinker would have made, and a
“DM” if it is an argument an
administrator would have
you are done, you may move on to the
made. When
political cartoon creation on the back
!
Objective
Students will be able to evaluate the degree to
which students maintain their first amendment
rights in schools BY
 analyzing the precedent set by the Tinker v. Des
Moines case and Hazelwood v. Kuhlmeier case in
a graphic organizer
 sorting arguments for both sides of the Tinker
case
 comparing the outcome of both by creating a
political cartoon
• writing an editorial
Editorial: Prompt
American schools are like:
a) A prison
b) A playground
c) Other: _________________
d) Both
e) Neither
You must justify your answer using both of the
Supreme Court cases.
Objective
Students will be able to evaluate the degree to
which students maintain their first amendment
rights in schools BY
 analyzing the precedent set by the Tinker v. Des
Moines case and Hazelwood v. Kuhlmeier case in
a graphic organizer
 sorting arguments for both sides of the Tinker
case
 comparing the outcome of both by creating a
political cartoon
 Writing an editorial
Exit Ticket
These 3 HSA questions
will tell me how well
you’ve been paying
attention!
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