The Limits of Student Speech

1. Set Focus 
Pose this essential question: Why is freedom of speech an important right in a democracy? Under what circumstances is it acceptable for the government to limit the right to free speech? 

2. Read and Discuss 
Have students read the article, marking key ideas and questions. Then ask them to answer the following questions, citing text evidence:

• What are the events related to Brandi Levy’s case? (Levy was suspended from cheerleading for a year after using a curse word to express frustration toward her school and cheering in a Snapchat message posted on a Saturday. She sued the school, claiming a violation of her First Amendment rights. A federal appeals court agreed with her, the school appealed, and the case is before the Supreme Court.)

• What is law professor Justin Driver’s stance on the issue? What argument does the Pennsylvania School Boards Association make? (Driver believes the Supreme Court should uphold the lower court’s decision. He says that allowing schools to regulate off-campus speech is antithetical to the First Amendment. The association argues that disruptive speech, whether on campus or off campus, has the same impact, so the ruling should be overturned.)

• Why is Tinker v. Des Moines the key precedent for this case? (Tinker v. Des Moines established that public schools can’t censor student speech unless it disrupts the educational process. The Supreme Court now needs to decide whether that ruling extends to off-campus speech.)

3. Core Skill Practice
Assign, print, or project the activity Take a Stand. Have students use it to plan and then write an essay arguing for or against the Supreme Court ruling in favor of allowing schools to punish students for what they say off campus.

4. Writing Prompt
Pick one case in the sidebar “Key Rulings on Student Speech.” Do some research on the case. Do you agree with the ruling? Explain.

5. Classroom Debate
Use your Take a Stand notes to argue your position: Should the Supreme Court rule in favor of allowing schools to punish students for what they say off campus?

6. Quiz & Skills
Use the quiz to assess students’ comprehension and Be the Editor to review grammar skills.