Resource Sheet JUD35

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How the Supreme Court Directly Impacts You

Tinker v. Des Moines School District (1969)
During the Vietnam War, students of Des
Moines, Iowa school district decided to
protest the war by wearing black armbands to
school. The principals of these schools
announced that if students refused to remove
the armbands they would be suspended. As a
result Mary Beth Tinker, her brother, and
several other students were suspended. Their
parents appealed the case to the Supreme
Court, citing that their students First
Amendment rights to freedom of speech had
been violated.

1. What issue or problem did some students in

the Des Moines schools face?

2. What constitutional amendment did the

Tinkers use to support their case?
3. If you were a Supreme Court justice, how
would you rule and why?

Actual Supreme Court Decision:

New Jersey v. T.L.O. (1985)

1. What issue or problem did T.L.O. face?

A New Jersey school principal searched a

students purse for cigarettes and also found
marijuana. The student, whose initials were
T.L.O., was suspended and also faced
criminal charges. T.L.O. believed that school
officials violated her 4th Amendment right
against unreasonable search and seizure
because they searched her purse without a
warrant. As a result, T.L.O. wanted the
marijuana seized from her purse to be
excluded, as evidence against her, from the
trial.
Actual Supreme Court Decision:

2. What constitutional amendment did T.L.O.

use to support her case?

3. If you were a Supreme Court justice, how

would you rule and why?

What differences exist between the Supreme Courts ruling in Tinker and its ruling in T.L.O.?
2006-7

JUD-78

American Government

Resource Sheet JUD35

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Identifying the Arguments
Read each statement below. Write TLO on the line if the argument was used in New Jersey v.
TLO. Write Tinker on the line if the argument was used in Tinker v. Des Moines.
___ 1. Students constitutional rights to freedom of speech and expression do not end when they
enter the school building.
___ 2. Schools are a special place where ensuring the safety of the student body is of utmost
importance. Therefore, school officials need only a reasonable suspicion rather than probable
cause.
___ 3. The school banned only one student action, but did not restrict other forms of political
expression. This is unconstitutional.
___ 4. Students are entitled to the same 4th Amendment protections against unreasonable
searches in school as they would be in any other place.
___ 5. The school must maintain order and discipline. Furthermore, an orderly learning
environment should be constitutionally protected.
___ 6. School should not be used as a place for political activism; thus, there should be a
reasonable limit to freedom of expression.
Making the Decision
Now that you have examined the Supreme Court rulings regarding students rights, respond to
the question which follows.
How did the Supreme Court rule in Tinker v. Des Moines and in New Jersey v. T.L.O.?
Do you agree with the Supreme Courts rulings? Why or why not?
Provide examples and details to support your answer.

2006-7

JUD-79

American Government