Source Sets / U.S. History
What rights do students have at school?
Landmark Supreme Court cases about speech, searches, prayer, and the press in schools.
Teach it
✓ Lesson readyA ready-to-run lesson for this set: Moot Court: You Be the Justices. Slides include a hook, one slide per source, directions, a take-a-stand vote, an exit ticket, and a teacher script in the speaker notes.
1. Hook: what would you do? 3-5 min
It is December 1965 in Des Moines, Iowa. You and some classmates plan to wear black armbands to school to mourn deaths in the Vietnam War. The principal announces that any student wearing an armband will be suspended.
Options: (1) Wear the armband anyway · (2) Leave it at home · (3) Wear it outside school only
Then read: It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Justice Abe Fortas, Tinker v. Des Moines (1969)
2. Main activity: Moot Court: You Be the Justices
Grouping: Five “courts” of 5 to 6 students; each court hears all five cases in rapid rounds
Setup: Each group is a court of justices. For each case, read the facts card, vote, and write one sentence of reasoning. Then the teacher reveals the real decision and the quote. Score your court: how often did you match the Supreme Court?
Materials (printables are in the Lesson Plan Doc)
- Case cards with facts only (printable pages in the Lesson Plan Doc)
- Evidence cards with the real holding (hand out after each vote)
- Decision sheet
- Set up the courts 5 min
Form groups. Each picks a Chief Justice to keep time. - Five rounds 30 min
Six minutes per case: 1 minute read the facts, 2 minutes argue, 1 minute vote and write reasoning, 2 minutes teacher reveals the real ruling and quote. - Score and discuss 5 min
Which case did most courts get “wrong”? Why might reasonable people disagree? - Take a stand 5 min
Use the vote slide. - Exit ticket 5 min
Students answer on a slip before leaving.
Take a stand: Should students have the same rights at school as adults have in public?
- Yes, nearly the same: Tinker says students keep their rights at the schoolhouse gate; the Court protected students’ speech and families’ religious freedom.
- No, schools need more authority: Hazelwood and T.L.O. let schools control school-sponsored speech and search students with reasonable suspicion, because schools must keep order and teach.
3. Pacing options
15-minute bell-ringer
- 3 min Hook: armband scenario
- 8 min Two rounds only: Tinker and Hazelwood
- 4 min Exit ticket question 1
Full 50-minute lesson
- 4 min Hook: armbands
- 3 min Set up courts
- 30 min Five rounds
- 5 min Score and discuss
- 5 min Vote and exit ticket
- 3 min Buffer
4. Exit ticket
- Which case decision do you most agree or disagree with? Explain using the quote.
- Tinker protects speech that does not substantially disrupt school. Give one example of student speech that would and would not be protected.
5. Differentiation
Support
- Adapted Docs (easier reading) in this set: Tinker v. Des Moines
- Read each facts card aloud before groups vote.
- Give a reasoning frame: “We ruled ___ because ___.”
Extension
- Research Mahanoy Area School District v. B.L. (2021) about off-campus social media speech and add it as Case 6.
- Compare the majority and dissent in Tinker. What did Justice Black fear?
Suggested sequence
- Tinker v. Des MoinesCourt case · Oyez · Civil Rights Era (1954-1975) · Grades 6-8, 9-12 · ⏱ 10 minStudent armband speech case with oral argument audio.Ask: Do students leave their rights at the schoolhouse gate?Open with this source to frame the question.
- Hazelwood v. KuhlmeierCourt case · Oyez · Modern America (1970-present) · Grades 6-8, 9-12 · ⏱ 10 min1988 case on school control of student newspapers.Ask: How much control should schools have over student speech?
- New Jersey v. T.L.O.Court case · Oyez · Modern America (1970-present) · Grades 9-12 · ⏱ 20 minCase summary and audio for the 1985 case on school searches.Ask: How much privacy do students have at school?
- Engel v. VitaleCourt case · Oyez · Civil Rights Era (1954-1975) · Grades 9-12 · ⏱ 10 min1962 case on official prayer in public schools.Ask: Where is the line between church and state in schools?
- Wisconsin v. YoderCourt case · Oyez · Modern America (1970-present) · Grades 9-12 · ⏱ 20 minCase summary and audio for the 1972 Amish compulsory schooling case.Ask: When does religious freedom outweigh state education laws?Close with this source before writing.
Watch
Free videos to pair with this set. Preview before showing in class.
- ▶ Landmark Cases: Tinker v. Des MoinesC-SPAN Landmark Cases · free, no login
- ▶ Civil Rights and Civil LibertiesBill of Rights Institute · free, no login
- ▶ The U.S. Supreme Court (online course)Hillsdale College · free signup
Culminating writing prompt
Using evidence from at least three sources in this set, write an argument that answers the question: “What rights do students have at school?” Cite each source by title, explain how its author, audience, and purpose affect its reliability, and respond to at least one counterargument.
Printable writing sheet (make a copy)
Students can plan with the Claim-Evidence-Reasoning organizer.