1. Freedom of Speech: First Amendment “The test of democracy is freedom of criticism.” ~David Ben-Gurion

2. Tinker vs. Des Moines Facts: Three High school students decided to protest the Vietnam War by wearing black armbands to their Des Moines schools. The principals resolved that all students wearing armbands remove them or face suspension. When the students wore their armbands to school, they were asked to remove them. When they refused, they were suspended. Issue: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections?

3. Rationale: 7-2 First Amendment; freedom of speech The wearing of armbands was protected by the First Amendment. The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline. Concurring Students or teachers do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Dissenting They did not believe that anyone has a right to give speeches or engage in demonstrations where/when he/she pleases.

4. Bethel School District No. 403 Vs. Fraser Facts- At an assembly in Bethel High School, a student named Matthew Fraser gave a speech attempting to help elect a student to office. In the speech, Fraser used a “sexual metaphor” to push for his friend’s candidacy. This student was suspended for three days because of his obscene speech. Issue- Does the first amendment restrict school districts from punishing a student for an obscene speech in school

5. Rationale: 7-2 Court decision that it was appropriate for a school to prohibit the use of vulgar and offensive language in a speech. Concurring- Justice Brennan stated that school officials made the correct decision in punishing the student for the offensive behavior and was not unconstitutional to do so. Dissenting- Justice Stevens stated that the student was in a good position to determine whether his peers would be offended by his speech and that he did not believe that the speech was offensive at all.

6. Texas vs. Johnson Facts – In 1984, Gregory Lee Johnson protested the Reagan administration policies in front of Dallas City Hall by means of burning an American Flag. He was convicted under the Texas law illegalizing flag burning and was sentenced to one year in jail and had a $2,000 fine. The Texas Court of Criminal Appeals repealed the conviction and it the case went to the Supreme Court. Issue – Is the burning of an American Flag a form of speech protected under the first amendment?

7. Rationale: 5-4 The Court decided that the burning of American flags is protected under the first amendment. The fact that people don’t like the actions or expression does not prohibit the freedom of speech. Concurring – Justice Brennan (with Marshall, Blackmun, Scalia, and Kennedy) said burning of flags is a form of communication protected under the first amendment. Dissenting – Justice Stevens (with White, O’Conner, and Rehnquist) said the American flag is a unique symbol and should be protected from such crimes.

8. Island Trees School District Board of Education v. Pico Facts: The Island Trees Union Free School District's Board of Education, removed certain books from its junior high and high school libraries despite the contrary advice of district parents and teachers. In response, Stephen Pico (acting through Francis Pico) sued the board on behalf of the district’s students. Issue: Did the Board’s decision to ban certain books for their content violate the First Amendment’s provision for the freedom of speech?

9. Rationale: 5-4 The power of the school board did not override the right to freedom of speech guaranteed by the First Amendment. Schools are especially considered places for the distribution of information and ideas. Concurring Opinions: Although the board had a “vested interest” in protecting its students, the students first amendment rights held priority. Dissenting Opinions: The school board should have ultimate determination over the books in the school.

10. Review Before we end, a review question we would like to ask is how does freedom of expression correlate to freedom of speech?