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Grade 9-12
1st Amendment
Student Walkout: First Amendment
Students organized a walkout to protest a policy. The school suspended them. Did the school violate the 1st Amendment?
Real World Connection
Directly parallels Tinker v. Des Moines (1969) where students wore armbands to protest Vietnam. The Court ruled students don't "shed their constitutional rights at the schoolhouse gate" BUT schools can restrict speech that causes "substantial disruption."
⚡ Legal Issues
Free Speech
Tinker Standard
Substantial Disruption
📋 Case Facts
- 50 students walked out of class for 30 minutes.
- Some classes were disrupted.
- Protest was peaceful, no property damage.
- Students posted flyers before the walkout.
👥 Witnesses
👤
Plaintiff/Prosecution
Student Organizer
Plaintiff
Statement
We have a right to speak up! Tinker says we have rights at school. We were peaceful. Missing 30 minutes is not that big a deal compared to our message.
Key Facts to Establish
- Peaceful protest
- Political speech
- Tinker precedent
Potential Weaknesses
- Missed class
- Disrupted learning
👤
Defense
Principal
Defendant
Statement
I support free speech, but not during class time. Teachers couldn't teach. Other students missed instruction. There are appropriate times and places to protest.
Key Facts to Establish
- Disruption occurred
- Educational mission
- Time/place restrictions
Potential Weaknesses
- Political speech protected
- Tinker allows some disruption
📜 Jury Instructions
The jury must decide:
- Did the walkout cause "substantial disruption" to the educational environment?
- Was the school's punishment a violation of the students' 1st Amendment rights?