Court Cases That
Challenged the
Bill of Rights
Tinker v. Des Moines (1969)
Students protested
Vietnam War with black
armbands at school
Violation of 1st
Amendment freedom of
speech?
Tinker v. Des Moines
1. Do students have a right to freedom of expression in school?
2. Do school officials have the right to limit freedom of expression?
Were the students First Amendment rights violated when they were
suspended for wearing armbands?
Tinker v. Des Moines
Actual Supreme Court Ruling
Supreme
Court ruled 7-2 in favor of the students
Students
Students
rights should be protected
dont shed their constitutional rights
at the school house gates
Hazelwood School District v. Kuhlmeier
(1988)
Two articles submitted for publication in school
newspaper contained stories of divorce and
teenage pregnancy.
School principal felt that the subject of these
stories were inappropriate
Entire pages were left out of the newspaper
without telling newspaper editors
Violation of 1st Amendment freedom of the press?
Principal Reynolds holding a copy of the
Spectrum, the school newspaper
Hazelwood School District v.
Kuhlmeier
1. Who is considered the publisher of a school newspaper, with the
right to determine the content of the paper?
2. Under what circumstances, if any, does the First Amendment allow
school officials the right to censor school newspapers?
Did the principal violate the students First Amendment right to
freedom of press by censoring their newspaper?
Hazelwood v. Kuhlmeier
Actual Supreme Court Ruling
Court
ruled 5-3 in favor of the principal
Newspaper
sponsored by the school and so school has right
to prevent inappropriate material
Newspaper
not public forum where everyone can share views;
limited to Journalism students only and so can be edited by
the school
Wallace v. Jafree (1985)
Alabama Governor,
George Wallace
Jafrees son was asked to recite prayers in his
Alabama public school class
Jafree felt that this violated Constitutions
separation of church and state
Alabama law calls for moment of silence and did
not require a child to pray to a particular God or to
pray at all
Violation of 1st Amendment freedom of religion ?
Ishmael Jafree
Wallace v. Jafree
1. Was the law authorizing a moment of silence for meditation or
voluntary prayer an attempt to establish a religion?
2. Is a childs First Amendment right to freedom of religion violated if
voluntary prayer is allowed in the school?
Did the Alabama law violate the First Amendment clause that
prohibits the government from establishing a religion?
Did the law violate the childs First Amendment right to freedom of
religion?
Wallace v. Jafree
Actual Supreme Court Ruling
Court
voted 6-3 in favor of Jafree
Violation
of 1st amendment freedom of religion, there must
be separation between church and state
Alabama
law was an endorsement of religion
New Jersey v. T.L.O. (1985)
2 girls found smoking in high school bathroom
One girl admitted to smoking, the other (T.L.O.) denied it
Principal demanded to see T.L.O.s purse and found
marijuana
T.L.O. taken to police station and admitted to selling
marijuana
Based on confession and items from purse, state of New
Jersey brought charges against T.L.O.
Violation of 4th Amendment right against unreasonable
search and seizure?
New Jersey v. T.L.O.
1. Does the 4th Amendment protect students from searches by school
officials?
2. Under what circumstances, if any, can school officials search
students or their belongings?
Was the search of T.L.O.s purse illegal?
New Jersey v. T.L.O.
Actual Supreme Court Ruling
Court voted 6-3 in favor of the principal
School officials dont need a search warrant or probable cause
before conducting a search because there is a reduced expectation
of privacy at school