Midterm Overview

CRAC EXAMPLE

C] The principal’s suspension of Jordan violates the Free Speech Clause of the First Amendment.

[R] Under Tinker v. Des Moines, public school students do not shed their First Amendment rights at the schoolhouse gate; school officials may only restrict student political speech if they prove it would materially and substantially interfere with school operations or the rights of others. Undifferentiated fear or discomfort with a message is insufficient. In Tinker, the Court held that students wearing black armbands to protest the Vietnam War was a protected passive display. Furthermore, under Morse v. Frederick, schools may restrict student speech promoting illegal drug use without showing disruption, but Morse explicitly preserves protection for political advocacy.

[A] Here, Jordan’s t-shirt is a passive display expressing political commentary advocating for changes to state gun control laws. Just as in Tinker, where students peacefully wore armbands without causing an uproar, Jordan’s passive shirt caused no actual material or substantial disruption to the Constitution Day assembly. The principal’s claim that the shirt "promotes gun violence" is mere undifferentiated fear. Unlike in Morse, where the student displayed a banner reading "BONG HiTS 4 JESUS" promoting illegal drug use, Jordan’s shirt is pure political speech regarding a constitutional amendment and state legislation. Because the school presented no evidence of substantial disruption, the principal cannot restrict Jordan's political expression.

[C] Therefore, Jordan’s suspension violates the First Amendment's Free Speech Clause.