FIRST AMENDMENT UNITED STATES CONSTITUTION
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 peaceably to assemble,
and to petition the Government for a redress of
grievances.
Students Against War v. Liberty High School
Last October, three students at Liberty High School decided to protest the war in
Afghanistan by wearing black armbands. The students informed the principal ahead of
time that they would be wearing armbands, and the principal told them it was not a
good idea. Upon hearing the news of a possible student protest using armbands, the
school developed a policy prohibiting students from wearing armbands.
The next week, the students entered class wearing plain black armbands about an inch
wide on their right arms. Upon seeing these students, the principal had them brought
to the office immediately. The students were suspended from school for two weeks for
breaking school rules.
The three students filed a lawsuit claiming that their silent protest was protected under
the Free Speech clause of the First Amendment and that stopping it was illegal. The
students felt that the school had violated their constitutional rights.
TRIAL COURT PROCEEDINGS & RULING:
At trial, the school argued that the principal’s action was reasonable because the
protest would disrupt other students’ education. The trial court judge said that the
suspension did not violate the First Amendment and that the principal’s concern that
the armbands might cause trouble was reasonable.
THE APPEAL:
The students appealed this decision to the District Court of Appeal, which affirmed
(agreed with) the trial court’s decision and said the school could stop students from
wearing arm bands as a form of protest.
The students appealed the district court’s decision to the Florida Supreme Court, which
now stands ready to hear arguments on both sides of this issue.
Constitutional Question the Justices Must Answer:
Did the school violate the students’ First Amendment right to free speech by stopping
their silent protest?
PETITIONER’S ARGUMENTS
MAY IT PLEASE THE COURT. MY NAME IS __________ AND I REPRESENT THE
PETITIONER, THE STUDENTS, WHO ARGUE THAT THE SCHOOL VIOLATED THEIR RIGHT
TO FREEDOM OF SPEECH.
Students’ Arguments (for allowing the protest) include:
1. Students have the right to speak out against war as much as anyone and their right
to speak must be protected.
2. Just because this took place in a school setting doesn’t mean our constitutional right
to freedom of speech should be limited.
3. Because the students were silently protesting by wearing armbands, the students’
protest did not threaten to disrupt students’ educational experiences.
4. Students need to learn about their constitutional rights and how to use them
appropriately.
5. The protest actually provided an educational opportunity for teachers to discuss the
topic of the protest with students.
6. The silent protest planned was, by definition, not to be disruptive of normal activity.
Try to think of other arguments for allowing the protest. Write these arguments
on the note pad at your seat.
Supreme Court Justices
- Questions for the Petitioner (for the silent protest)
Directions: Justices ask questions to the attorneys to understand the arguments
and to clarify any legal interpretations. Your job is to listen to both sets of
arguments, ask questions for understanding, interpret the law presented and
make a decision.
Justices may take notes, ask their own questions, use the questions below or
reword them. Questions must be relevant to the case and to the attorney’s
position that is arguing.
1. Why should students be allowed to disrupt classes and school work by
wearing armbands to school to protest a war?
2. Should students be allowed to say anything in schools?
3. How could this type of speech help students learn?
4. Shouldn’t schools have the right to limit students’ free speech in order to
maintain discipline in school?
5. What is the goal of the school to begin with?
6. Isn’t there enough time in the day for students to express their ideas
outside of school?
Try to think of other questions for the attorneys who are for the silent protest.
RESPONDENT’S ARGUMENTS
MAY IT PLEASE THE COURT. MY NAME IS __________ AND I REPRESENT THE
RESPONDENT, THE SCHOOL, WHO BELIEVES THAT THE STUDENTS’ PROTEST WAS NOT
PROTECTED UNDER THE FIRST AMENDMENT’S FREEDOM OF SPEECH.
School Arguments (against the silent protest) include:
1. When people do something controversial like protest a war in public, it is likely that
there will be trouble.
2. Wearing armbands to make a point takes time away from class work, the school’s
teaching time, and interferes with school activity.
3. When students are away from school, they have the right to express themselves
however they choose.
4. Schools must be able to limit disruptive speech so that students can learn.
5. The school must also protect the armband-wearing students from other students
who don’t like their controversial message.
Try to think of other arguments against the silent protest. Write these
arguments on the note pad at your seat.
Supreme Court Justices
- Questions for the Respondent (against the silent protest)
Directions: Justices ask questions to the attorneys to understand the arguments
and to clarify any legal interpretations. Your job is to listen to both sets of
arguments, ask questions for understanding, interpret the law presented and
make a decision.
Justices may take notes, ask their own questions, use the questions below or
reword them. Questions must be relevant to the case and to the attorney’s
position that is arguing.
1. Why should schools be allowed to limit students’ speech when adults are
allowed to say the very same thing?
2. Why is a peaceful demonstration of students’ of views through wearing
armbands so disturbing or distracting that their free speech should be
limited?
3. Isn’t learning about different political views an important part of a
student’s education?
4. How would limiting students’ free speech protect students from each
other?
Try to think of other questions for the attorneys who are against the silent
protest.
MARSHAL’S SCRIPT
(You must call Court to order in a very loud voice.)
All rise. (Wait until every stands before continuing)
Hear ye! Hear ye! Hear ye!
The Supreme Court of Florida is now in session.
All who have cause to plea, draw near, give attention, and you shall
be heard.
God save these United States, this great State of Florida, and this
honorable Court.
Ladies and gentlemen, the Florida Supreme Court.
Please be seated.
CHIEF JUSTICE’S SCRIPT
1. The Court is ready to hear the case of Students Against War v. Liberty High School.
2. Are the attorneys ready to proceed?
(Wait for the attorneys to answer YES.)
3. Attorneys for the Petitioner may begin – 2 minutes each attorney.
(You now become a regular justice asking questions.
After both attorneys have their turn, move on to #4.)
___________
4. Attorneys for the Respondent may begin – 2 minutes each attorney.
(You now become a regular justice asking questions again.
After both attorneys have their turn, move on to #.5)
___________
5. Attorneys for the Petitioner may present rebuttal – 1 minute total.
(You now become a regular justice asking questions again.
After the petitioner’s attorney present their one minute rebuttal, move on to #6.)
___________
6. Attorneys, thank you for your arguments. The Court will announce its decision
shortly.
CLERK SCRIPT
Directions: After the arguments, the Justices will vote on the case. Check the
corresponding box for each justice’s vote, count the votes for the Petitioner and
Respondent and complete the decision form below.
Votes:
For the Petitioner:
For the Respondent:
Chief Justice
Justice 2
Justice 3
Justice 4
Justice 5
Justice 6
Justice 7
Decision Form:
(Directions – Stand up and READ in a very loud voice):
The Florida Supreme Court has reached a decision in this case.
By a vote of _________ to __________ the Court rules in favor of the
___________________________.
Similar Court Decisions
Tinker v. Des Moines School District (1969)
Available at http://laws.findlaw.com/us/393/503.html
In this case, John F. Tinker, one of his friends, and his younger sister
decided to wear black armbands to school to protest the Vietnam War.
Fearing a massive disturbance, the principal of the Des Moines school
created a policy that any student wearing an armband would be
suspended. All three students wore the armbands, were suspended,
and did not return to school.
The students’ parents filed suit against the school board in United
States District Court. The court ruled that the principal’s actions were
acceptable, given the imminent threat of disturbance caused by the
wearing of the armbands.
Tinker’s parents pursued the issue further, appealing to United States
Court of Appeals for the Eighth Circuit. The Court of Appeals affirmed
the lower court’s opinion.
Finally, Tinker appealed, to the United States Supreme Court.
The Court ruled that since the armbands were “quiet and passive” and
did not reasonably appear to cause disruption, the school violated the
students’ First Amendment right to free speech, by not permitting the
students to wear the armbands.