Freedom of Expression in Special Places
This blog spotlights and links to lesson plans which judges will deliver in classrooms. This piece focuses specifically on freedom of expression in special places, such as schools, and links to the lesson plan on it.
Consider this:
“ . . . in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority’s opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk, . . . . and our history says that it is this sort of hazardous freedom — this kind of openness — that is the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.”
From the opinion by the U.S. Supreme Court in Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969), delivered by Mr. Justice Fortas.
Mary Beth Tinker holding her original detention slip after she wore a black armband to school to protest the Vietnam War (with a replica on her left arm) during a speech at Textor Hall, Ithaca College, 19 September 2017
Where does the right to Freedom of Expression come from?
The lesson on freedom of expression in special places is designed to answer the essential questions below and prompt more exploration. A Washington state judge is available to teach this lesson (and many others — see options: in your classroom, either in-person or remotely).
Essential questions:
What is considered speech in “freedom of speech?”
What are considered “special places?”
How does “special place” status affect First Amendment freedoms?
How do judges decide cases involving freedom of expression in “special places?”
Learn more about the latest on student free speech, including Washington State-specific cases here, and view resources for teaching about the First Amendment and Freedom of Expression here.
This blog post on Freedom of Expression was written to spotlight one or more of the Judges in the Classroom lesson plans, which Judges will deliver remotely or in-person for K-12 classrooms, as part of the judiciary’s goal of promoting civic education.
