Introduction to Reading Cases for Intl Students Final Quiz 3
These questions are also based on Tinker v. Des Moines. The questions refer to the text of the case beginning with Roman numeral II on page 507 until page 515 where the dissenting opinion begins. Copies of the case were attached to Final quizzes 1 and 2. It might be helpful to have a copy of the case as you try these questions.
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The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, to hair style, or deportment. Cf. Ferrell v. Dallas Independent School District, 392 F. 2d 697 (1968); Pugsley v. Sellmeyer, 158 Ark. 247, 250 S. W. 538 (1923). It does not concern aggressive, disruptive action or even group demonstrations. Our problem involves direct, primary First Amendment rights akin to “pure speech.”
Which of the following would be the best synonym for “problem” in the above paragraph?CorrectIncorrect
The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners’ interference, actual or nascent, with the schools’ work or of collision with the rights of other students to be secure and to be let alone.
Which of the following best describes what the Court wrote in this section?CorrectIncorrect
The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, 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, Terminiello v. Chicago, 337 U. S. 1 (1949).
Which of the following best expresses what the Court writes in this paragraph?CorrectIncorrect
In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Certainly where there is no finding and no showing that engaging in the forbidden conduct would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school,” the prohibition cannot be sustained. Burnside v. Byars, supra, at 749
Which of the following best summarizes what the Supreme Court wrote here?CorrectIncorrect
The principal use to which the schools are dedicated is to accommodate students during prescribed hours for the purpose of certain types of activities. Among those activities is personal intercommunication among the students. This is not only an inevitable part of the process of attending school; it is also an important part of the educational process. A student’s rights, therefore, do not embrace merely the classroom hours. When he is in the cafeteria, or on the playing field, or on the campus during the authorized hours, he may express his opinions, even on controversial subjects like the conflict in Vietnam, if he does so without “materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school” and without colliding with the rights of others. (512-513)
Based on this paragraph, what would the student in B.L. v. Mahanoy argue prevents her school from punishing her for her snapchat message?CorrectIncorrect
But conduct by the student, in class or out of it, which for any reason-whether it stems from time, place, or type of behavior-materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech. Cf. Blackwell v. Issaquena County Board of Education, 363 F. 2d 749 (C. A. 5th Cir. 1966). (513)
How might the school district in B.L. v. Mahanoy rely on this paragraph?CorrectIncorrect
If a regulation were adopted by school officials forbidding discussion of the Vietnam conflict, or the expres- sion by any student of opposition to it anywhere on school property except as part of a prescribed classroom exercise, it would be obvious that the regulation would violate the constitutional rights of students, at least if it could not be justified by a showing that the students’ activities would materially and substantially disrupt the work and discipline of the school. Cf. Hammond v. South Carolina State College, 272 F. Supp. 947 (D. C. S. C. 1967) (orderly protest meeting on state college campus); Dickey v. Alabama State Board of Education, 273 F. Supp. 613 (D. C. M. D. Ala. 1967) (expulsion of student editor of college newspaper).
Which of the following best explains the Cf. signal in this paragraph?CorrectIncorrect
We reverse and remand for further proceedings consistent with this opinion.
Which of the following best expresses what the Supreme Court wrote here?CorrectIncorrect
MR. JUSTICE STEWART, concurring.
Although I agree with much of what is said in the Court’s opinion, and with its judgment in this case, …
What does concurring mean here?CorrectIncorrect
MR. JUSTICE BLACK, dissenting.
The Court’s holding in this case ushers in what I deem to be an entirely new era in which the power to control pupils by the elected “officials of state supported public schools . . .” in the United States is in ultimate effect transferred to the Supreme Court.’
Which of the following best expresses what dissenting means here?CorrectIncorrect