Question

As you are reading, imagine you are a Supreme Court justice analyzing the case. By the end of the reading you should be able to determine the following things.

What type of expression found in the First Amendment relates to the case?
What is this case really about? Why does each side believe they are right?
How this case is similar to the Tinker v. Des Moines case?

Answer 1

What case, exactly?

Answer 2

Two middle school students often wear clothing with slogans like “Vegan All Day, Every Day, “The Moo Moo is a No No,” and “Be Cool, Be Vegan.” The students believe that consuming any animal products, like meat and milk, is bad for health and bad for the environment. They began a campaign to convince all the students in the school to bring lunch from home instead of eating school lunch. Each day greater numbers of students brought their lunch to school and wore pro-vegan clothing. The school suspended the students who began the campaign against the school lunches. School officials said it was a disruption to the school because food was wasted and cafeteria workers had less to do. The students’ parents complained, saying their students have the right to express their ideas and opinions through their clothing and actions. They brought the case to court on the students’ behalf. The students’ parents lost the case in state district court and so appealed it to their state court of appeals. There they won the case, but the school board appealed the decision to their state-level supreme court. The state supreme court found in favor of the school board. The students and their parents are now appealing the state supreme court’s decision to the U.S. Supreme Court.

Answer 3

Why did the school believe they had the right to suspend the students who began the campaign?


Why did the students believe they had the right to wear the t-shirts?


Should the students be allowed to wear the t-shirts? Why or why not? Give three reasons to support your decision. At least one of your reasons should be based on what you learned about the Tinker v. Des Moines case.
Reason #1:


Reason #2:


Reason #3:


Is there any time when students should not be allowed to wear something to school? If so, what should not be allowed and why? Be sure to use what you know about the First Amendment to support your answer.
Step 4: Share and Improve

Answer 4

(Sorry, I had to go. But, I'm back now...)

Answer 5

The school's claims:
" School officials said it was a disruption to the school because food was wasted and cafeteria workers had less to do."

Answer 6

In this case, I'm leaning for the students. So... Point 1. The first amendment protects the freedom of Speech. As the Tinker case showed, that also included other forms of expression, from bands to t-shirts. Neither were lewd, shocking or otherwise obscene. They shared political beliefs instead. Point 2. The first amendment also protects the freedom of assembly, which is what the children were doing when they boy-cotted the meat. Point 3. The children didn't want to eat meat, simple as that. No one could force someone to eat something they don't like, not in normal circumstances.