GoPo Activities

Jonathan Milner Jonathan Milner

Birthright Citizenship Lab

Birthright Citizenship | AP Gov Lab | Social Studies Lab
🎓 TEACHER SETUP Enter your email so students can submit their work:
Social Studies LabBirthright Citizenship Lab
AP Gov Unit 3 | Civil Liberties | 14th Amendment
Who Is an American?

The 14th Amendment has guaranteed citizenship to everyone born on U.S. soil since 1868. Now, for the first time in over 150 years, the Supreme Court is being asked to reconsider it. Before we dive in — where do you stand?

ðŸ—ģïļ WHERE DO YOU STAND? — VOTE BEFORE YOU READ ANYTHING

Your Initial Position on Birthright Citizenship

Should children born on U.S. soil automatically receive U.S. citizenship, regardless of their parents immigration status?

📜 HISTORICAL BACKGROUND

Why We Have the 14th Amendment

1857 — DRED SCOTT v. SANDFORD
Chief Justice Roger Taney delivered one of the most notorious decisions in Supreme Court history: enslaved people and their descendants were NOT citizens and had NO rights that a white man was bound to respect. The Court held that the Constitution was designed to protect only white people. Dred Scott — a man who had lived in free states — was still property, not a person.
This decision helped ignite the Civil War. It was the constitutional crisis that made the 14th Amendment necessary.
1861-1865 — THE CIVIL WAR
The deadliest war in American history — over 620,000 dead — was fought in large part over the question of slavery and citizenship. When the Union won, Congress faced a fundamental question: how do you guarantee that the freedom won by the 13th Amendment (abolishing slavery) could never be taken away by states?
1868 — THE 14TH AMENDMENT IS RATIFIED
Ratified three years after the Civil War, the 14th Amendment was designed to be the most comprehensive reversal of Dred Scott possible. It established birthright citizenship, equal protection under the law, and due process rights. The drafters were explicit: they wanted to make it impossible for any future government to strip citizenship from formerly enslaved people or their children.
1898 — UNITED STATES v. WONG KIM ARK
The Supreme Court ruled 6-2 that a U.S.-born child of Chinese immigrants was a U.S. citizen under the 14th Amendment. This case established the modern interpretation of birthright citizenship that has governed U.S. law for 126 years. It has never been directly overruled.
📌 AP Exam Connection: The 14th Amendment appears in dozens of landmark cases — Brown v. Board (equal protection), Gideon v. Wainwright (selective incorporation), Baker v. Carr (one person one vote), and now potentially Trump v. Barbara. Know this amendment cold.
📖 CLOSE READING — THE 14TH AMENDMENT, SECTION 1

The Text — Read Every Word

Hover over the highlighted phrases to see what they mean. Each color highlights a different constitutional concept.

ðŸŸĄ Citizenship Clause ðŸŸĒ Due Process Clause ðŸ”ĩ Equal Protection Clause
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.Citizenship Clause
This is the birthright citizenship provision. "Born...in the United States" = jus soli (right of the soil). "Subject to the jurisdiction thereof" is the disputed phrase — does it exclude children of undocumented immigrants? No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;Due Process Clause
The government must follow fair procedures before taking away life, liberty, or property. This applies to ALL PERSONS — not just citizens. Undocumented immigrants also have due process rights under this clause. nor deny to any person within its jurisdiction the equal protection of the laws.Equal Protection Clause
The foundation of anti-discrimination law in America. Used in Brown v. Board (1954), Baker v. Carr (1962), and countless other cases. Note: applies to any PERSON within its jurisdiction — not just citizens.
📖 GLOSSARY — KEY TERMS FOR CLOSE READING

Click any term to expand its definition.

✍ïļ YOUR INTERPRETATION

What Does the 14th Amendment Say About Birthright Citizenship?

Based on your close reading and the glossary, write what you think the 14th Amendment says. Does it guarantee birthright citizenship to ALL persons born in the U.S.? Are there exceptions? What does "subject to the jurisdiction thereof" mean to you?

⚖ïļ TRUMP v. BARBARA (2025)

The Case That Could Change Everything

Background: On January 20, 2025, President Trump signed Executive Order 14160, directing federal agencies to refuse to recognize citizenship for children born in the United States to parents who are in the country illegally or on temporary visas. Multiple states sued immediately.

The Case: Trump v. Barbara (the case name refers to the lead plaintiff) is a consolidated case combining multiple challenges to EO 14160. The Supreme Court agreed to hear the case on an expedited basis. The central legal question: does the 14th Amendment require birthright citizenship for ALL persons born on U.S. soil, or does "subject to the jurisdiction thereof" exclude children of undocumented immigrants?

⚠ïļ Why it matters: If the Supreme Court upholds Trump's executive order, it would be the most significant restriction of the 14th Amendment since its ratification in 1868. Estimates suggest 4.4 million people born in the U.S. to at least one undocumented parent could lose their citizenship status.
📋 FRIENDS OF THE COURT — BRIEFS IN SUPPORT OF BIRTHRIGHT CITIZENSHIP

These Parties Argue the 14th Amendment Protects Birthright Citizenship

📋 FRIENDS OF THE COURT — BRIEFS OPPOSING BIRTHRIGHT CITIZENSHIP

These Parties Argue the 14th Amendment Permits Restrictions

⚖ïļ YOU ARE THE SWING JUSTICE

Write Your Opinion

You are the deciding vote. You have read the amicus briefs, studied the 14th Amendment, and understand the history. Write a brief judicial opinion — only 2-3 sentences — explaining how you would rule in Trump v. Barbara and why. Be specific: cite the text, cite the history, and acknowledge the strongest counterargument.

🏛ïļ JUDICIAL PHILOSOPHY

How Justices Read the Constitution

ORIGINALISM / JUDICIAL CONSERVATISM
The Constitution means what the Framers originally intended it to mean. Judges should not update or expand constitutional meaning over time — that is the job of the amendment process. Originalists ask: "What did this text mean in 1868 when it was ratified?" Associated with: Scalia, Thomas, Gorsuch, Alito.
LIVING CONSTITUTIONALISM / JUDICIAL ACTIVISM
The Constitution is a living document whose meaning evolves with society. Judges can and should interpret constitutional provisions to address modern circumstances the Framers could not have anticipated. Associated with: Warren Court, Brennan, Marshall, Sotomayor, Kagan.
TEXTUALISM
Focus on the literal text of the law, not the intent behind it. The most important question is: what do these words, in their ordinary meaning, say? Textualists argue that the plain text of "born...in the United States" is clear — no exceptions needed. Associated with: Gorsuch, Thomas.
STARE DECISIS (JUDICIAL RESTRAINT)
Courts should respect and follow prior precedent. Overturning settled law requires extraordinary justification. In birthright citizenship, 126 years of precedent (since Wong Kim Ark, 1898) and 157 years of constitutional practice are extremely strong arguments for restraint. Associated with: Roberts, Jackson.
📌 The Critical Irony: Conservative originalists face a dilemma: a strict textual and historical reading of the 14th Amendment actually SUPPORTS birthright citizenship. The framers of the 14th Amendment explicitly intended to grant citizenship to all persons born on U.S. soil. To restrict birthright citizenship requires departing from the original text and intent — which is supposed to be what conservatives oppose.
ðŸ‘Ļ‍⚖ïļ THE CURRENT COURT — HOVER FOR PHILOSOPHY

Nine Justices. Six Conservatives. Three Liberals.

Hover over each justice to see their judicial philosophy and predicted vote. The court photo shows their ideological leanings over time (Martin-Quinn Scores).

Current Supreme Court
✅ LIKELY TO UPHOLD BIRTHRIGHT CITIZENSHIP
❌ LIKELY TO OVERTURN BIRTHRIGHT CITIZENSHIP
⚠ïļ UNCERTAIN — THE SWING VOTES
📊 MARTIN-QUINN SCORES — IDEOLOGICAL TRACKING

How Conservative Is This Court Over Time?

The Martin-Quinn Score measures justices on a scale from most conservative (positive) to most liberal (negative), based on their actual voting patterns. The chart below shows how the ideological composition of the court has shifted dramatically since 2020.

Martin-Quinn Scores Chart
📌 Notice: Thomas and Alito are the most conservative in modern history. Sotomayor and Kagan are among the most liberal. Roberts has moved toward the center. The current court is the most conservative since at least the 1930s — which is why this case is being heard at all.
📋 PREDICTED MAJORITY OPINION

Based on Martin-Quinn Scores — How the Court Will Likely Rule

The following is a projected majority opinion based on the predicted voting alignment. Note: this is a prediction, not an actual ruling.

SUPREME COURT OF THE UNITED STATES
Donald J. Trump, President of the United States, et al., Petitioners v. Barbara et al.
On Writ of Certiorari — PROJECTED RULING (Educational Simulation)

MAJORITY OPINION (Projected: 5-4 or 6-3)

Chief Justice Roberts, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and potentially Barrett, delivering the opinion of the Court:

The question before this Court is whether the Citizenship Clause of the Fourteenth Amendment — "All persons born or naturalized in the United States, and subject to the jurisdiction thereof" — extends birthright citizenship to children born to parents who are not lawfully present in the United States. We hold, in a narrow ruling, that it does not as a constitutional mandate binding on the executive branch in its immigration enforcement, while acknowledging the significant reliance interests created by 126 years of practice under Wong Kim Ark.

The phrase "subject to the jurisdiction thereof" is not merely geographic. A person who is present in the United States without lawful authorization, owing allegiance to a foreign nation, cannot be said to be fully "subject to the jurisdiction" of the United States in the complete political sense contemplated by the framers of the Fourteenth Amendment. The framers intended to overrule Dred Scott and grant citizenship to formerly enslaved persons and their children — they did not address, and likely did not contemplate, the complex immigration circumstances of the 21st century.

Stare decisis concerns weigh heavily in this case. We do not lightly disturb settled constitutional practice. However, the Court finds that Wong Kim Ark was decided in a different immigration context and that its scope has been extended beyond what the historical record supports. Accordingly, we remand to the lower courts for further proceedings consistent with this opinion.

PROJECTED DISSENT (Sotomayor, Kagan, Jackson, and potentially Roberts)

The majority today accomplishes what no court has done in 157 years: it strips citizenship from American-born persons on the basis of their parents immigration status. The text of the Fourteenth Amendment is clear. "All persons born...in the United States." All means all. The framers knew how to write exceptions — they chose not to. Today the majority rewrites a constitutional text it finds inconvenient, doing so without any amendment from We the People. Dissent.

⚠ïļ Important caveat: This is an educational simulation based on Martin-Quinn Score predictions. The actual Supreme Court ruling in Trump v. Barbara may differ significantly. Courts are unpredictable, opinions are negotiated, and justices sometimes surprise everyone. What this simulation shows is the DIRECTION of judicial philosophy on the current court, not a certainty.
📰 CONSEQUENCES

What Happens If the Court Overturns Birthright Citizenship?

The effects of ending birthright citizenship would ripple through every corner of American society. Here is what we know — and what we do not know — about the practical consequences.

Who Would Be Affected — Scale of Impact

4.4M
U.S.-born people with at least one undocumented parent (Pew Research, 2023)
11M
Estimated undocumented immigrants in the U.S. — parents of affected children
1868
Year the 14th Amendment was ratified — 157 years of settled constitutional practice at stake

Specific Consequences — Each One Has Real People Behind It

📋 ENFORCEMENT CHALLENGES

How Would This Actually Be Enforced?

The practical difficulties of enforcing an end to birthright citizenship are staggering — and would require entirely new government infrastructure:

📋 Birth Certificate Documentation: Hospitals would need to investigate and verify the immigration status of every parent at birth. Currently, birth certificates are issued without regard to parental immigration status. Creating a two-tier birth certificate system would require entirely new federal and state infrastructure.
📋 People Without Documentation: Millions of people currently have no birth certificate at all — particularly in rural areas, among Indigenous communities, and among populations that distrust government institutions. How would these people prove citizenship? A ruling restricting birthright citizenship could create legal limbo for people who have no way to prove their parents' status at birth.
⚠ïļ Retroactivity Question: Would the ruling apply only to children born after the decision, or retroactively to the 4.4 million people already born? Retroactive application would create an unprecedented constitutional crisis — stripping citizenship from millions who have lived their entire lives as Americans.
⚠ïļ Impact on Racial and Ethnic Minorities: The enforcement of any birthright citizenship restriction would disproportionately fall on Latino, Asian American, and Black communities — groups that are already subject to higher rates of documentation requests and racial profiling. Civil rights organizations warn this would effectively create a system of racial verification for citizenship.
⚠ïļ Statelessness: Children born to parents from countries that do not offer jus soli citizenship could become STATELESS — citizens of no country — a condition that violates international human rights norms that the United States has historically championed.
📰 YOU ARE THE JOURNALIST

Write the Headline and Lead Paragraph

The Supreme Court has just ruled 5-4 to uphold the executive order limiting birthright citizenship. You are the lead reporter for the New York Times. Write the headline and the first two sentences of the story. Be specific, accurate, and remember: headlines capture attention, leads capture the most important facts.

🔔 MORE LABS LIKE THIS

If you found this engaging, there are dozens more current events labs, interactive reviews, and exam prep tools inside the Liberty Bell Ringer Membership.

ðŸū Join the Bell Ringer Membership
Read More
Jonathan Milner Jonathan Milner

Executive Order Whole Class Activity

Executive Order Lab | Social Studies Lab
Social Studies LabExecutive Order Lab
ðŸū 0 pts
Roger
AP Gov Unit 2 | Article II Powers
I Hereby Order...

On January 1, 1863, Abraham Lincoln legally changed the status of over 3 million people from enslaved to free. No vote. No Congressional debate. One signature. It was an executive order — and it changed American history forever. So what exactly is this tool, and how much power does it really have? Roger is about to explain. ðŸū

📜 WHAT IS AN EXECUTIVE ORDER?

The President's Pen — How It Works

📌 Definition: An executive order is a rule or regulation issued by the President that has the force of law — but only over the executive branch. It tells agencies like the FBI, the EPA, and the Defense Department how to operate.

Executive orders are used to:

1. Enforce legislative statutes passed by Congress
2. Enforce the Constitution or treaties with foreign nations
3. Establish or modify rules and practices of executive agencies
⚠ïļ Important limits: Executive orders can be retracted by the next president, nullified by Congress, or ruled unconstitutional by a federal court. They are powerful but not permanent.

Where does this power come from? Article II of the Constitution gives the President broad executive power, makes the President Commander in Chief, and requires the President to "take Care that the Laws be faithfully executed." That phrase — "faithfully executed" — is where most executive order authority lives. There is no line in the Constitution that says "the President may issue executive orders." The Framers left it implied.

Presidents have issued over 14,000 executive orders since George Washington. Washington himself issued them — mostly asking departments to prepare reports and proclaiming Thanksgiving. FDR issued the most: 3,728 between 1933 and 1945.

🏛ïļ HISTORICALLY NOTABLE EXECUTIVE ORDERS
LINCOLN (1861-1863)
Suspended the writ of habeas corpus during the Civil War. Chief Justice Taney ruled it unconstitutional. Lincoln ignored him. Congress did not contest it. Later, the Emancipation Proclamation freed enslaved people in Confederate states via executive order.
FDR (1933-1945)
Created the Works Progress Administration. Ordered Japanese American internment (EO 9066) — later recognized as one of the most unjust executive orders in U.S. history. 3,728 total orders — by far the most of any president.
TRUMAN (1948-1952)
Desegregated the military by executive order. But then saw his order to seize steel mills during the Korean War strike struck down by the Supreme Court in Youngstown Sheet and Tube Co. v. Sawyer (1952) — a landmark case defining the limits of executive power.
EISENHOWER, KENNEDY, JOHNSON (1950s-60s)
Eisenhower used an EO to put the Arkansas National Guard under federal control and enforce desegregation in Little Rock. Kennedy and Johnson used executive orders to advance affirmative action and equal employment opportunity.
⚖ïļ LAWS VS. EXECUTIVE ORDERS

Same Government. Very Different Tools.

Both laws and executive orders carry the force of law in some sense — but they come from different branches, cover different people, and have very different staying power. Roger made a Venn diagram. ðŸū

📋 LAWS ONLY
Created by Congress
Apply to ALL people in the U.S.
Require passage by both chambers
Can be vetoed by President
More permanent — harder to undo
Typically slower to enact
BOTH
Have force of law
Part of U.S. governance
Can be reviewed by courts
Can be overridden by legislature
📜 EOs ONLY
Issued by the President alone
Apply to executive branch only
No Congressional vote needed
Next president can reverse them
Much faster to issue
Used to bypass gridlock
🧠 Youngstown Test (Jackson Concurrence, 1952): Justice Robert Jackson established a three-part test for presidential power still used today: (1) President acts WITH Congressional authorization = strongest; (2) Congress is silent = twilight zone; (3) President acts AGAINST Congress = weakest. Executive orders fall into one of these three zones.

Check Your Understanding

Quick sort — for each item below, decide: Law or Executive Order? (Click to reveal)

🧠 EXECUTIVE ORDER QUIZ

Roger Tests Your Knowledge

Eight AP-style questions on executive orders. Roger will give you hints if you miss one. He believes in second chances — up to a point. ðŸū

Score: 0 / 8
📊 EXECUTIVE ORDER TRENDS

Who Used Them? When? Why?

Executive orders tell a story about presidential power over time. Washington used them to ask for reports and declare Thanksgiving. FDR used them to fight the Depression and wage World War II. Trump used them to rename the Gulf of Mexico on Day 1. What changed? Roger has theories. ðŸū

Key Data Points — Know These

3,728
FDR executive orders (1933-1945) — the record
80/yr
Jimmy Carter — most per year in post-WWII era
14,000+
Total EOs issued in U.S. history
277
Obama 8-year total | GWB: 291 | Clinton: 364

Analysis Questions — Write Your Responses

ðŸ—ģïļ CLASS QUICK POLL

When divided government occurs, presidential EO use...

🗚ïļ EXECUTIVE ORDER 14172

Restoring Names That Honor American Greatness

On Day 1 of his second term, January 20, 2025, President Trump signed Executive Order 14172. It renamed two geographic features: the mountain known as Denali would become Mount McKinley, and the Gulf of Mexico would become the Gulf of America. This is a real executive order. Roger has read it carefully. ðŸū

Key Sections of EO 14172

Section 1 — Purpose

"It is in the national interest to promote the extraordinary heritage of our Nation and ensure future generations of American citizens celebrate the legacy of our American heroes."


Section 3 — Mount McKinley

"Within 30 days of the date of this order, the Secretary of the Interior shall reinstate the name 'Mount McKinley.' The national park area surrounding Mount McKinley shall retain the name Denali National Park and Preserve."


Section 4 — Gulf of America

"Within 30 days of the date of this order, the Secretary of the Interior shall take all appropriate actions to rename as the 'Gulf of America' the U.S. Continental Shelf area bounded by Texas, Louisiana, Mississippi, Alabama and Florida. The Secretary shall update the GNIS to reflect the renaming of the Gulf and remove all references to the Gulf of Mexico from the GNIS."


Section 6 — General Provisions

"This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States."

📌 Real-world consequence: When the Associated Press refused to change their editorial style from "Gulf of Mexico" to "Gulf of America," the Trump administration revoked the AP's White House press access. The AP sued. This raised First Amendment questions about press freedom alongside the executive order debate.

Analyze EO 14172 — What, Why, So What

⚖ïļ MAKE A CLAIM

Your Verdict on EO 14172

Using the evidence you have analyzed, make a claim. You must defend your position.

I believe Executive Order 14172 is because:
✍ïļ YOU ARE THE PRESIDENT

Write Your Own Executive Order

Now it is your turn. Using EO 14172 as your model, draft an executive order on any topic you care about. Remember: executive orders direct the executive branch — not all Americans. You are ordering agencies and departments, not making laws. Roger has a few opinions about this but will keep them to himself. ðŸū

⚠ïļ Key rule: Your EO must be an order TO the executive branch — not a law for everyone. You can order the EPA to do something, the State Department, the military, the FBI. You cannot ban something for all citizens — that requires a law from Congress.

Fill In Your Executive Order

EXECUTIVE ORDER
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Executive Order No.   of
Title:
Section 1. Purpose. It is in the national interest to
Section 2. Order. The shall
Section 3. Timeline. This shall be accomplished within of the date of this order.
Section 4. General Provisions. This order shall be implemented consistent with applicable law and is not intended to create any right or benefit enforceable at law against the United States.
THE WHITE HOUSE,
🏆 THE BIG PICTURE

Executive Orders and American Democracy

You have learned what executive orders are, studied their constitutional basis, compared them to laws, analyzed a real one, and written your own. Here is why this matters beyond the AP exam. ðŸū

The Core Tension

THE ARGUMENT FOR EXECUTIVE ORDERS
Government needs to move quickly in emergencies. Congress is slow by design. Executive orders allow a democratically elected president to act without getting trapped in partisan gridlock. Lincoln freeing enslaved people. Truman desegregating the military. These required speed and will — not months of Senate debate.
THE ARGUMENT AGAINST EXECUTIVE ORDERS
The Framers designed a slow system on purpose. Checks and balances exist precisely to prevent any one person from having too much power. An executive order that one president signs can be undone the next day by their successor — creating massive policy uncertainty. FDR's Japanese American internment showed how dangerous unchecked presidential power can be.
📌 AP Exam Connection: Executive orders appear in discussions of separation of powers (Unit 2), presidential power, checks and balances, and federalism. The Youngstown test is key. Know the difference between laws and EOs cold — it appears in FRQs and MCQs regularly.

Discussion Questions

Should presidents have the power to issue executive orders, or should every significant government action require Congressional approval? Defend your answer with at least one historical example.
When the Associated Press refused to call the Gulf of Mexico the "Gulf of America" and had its White House access revoked — was that a legitimate use of presidential authority or a First Amendment violation?
Lincoln used an executive order to free enslaved people. FDR used one to intern Japanese Americans. Both were extreme uses of presidential power in wartime. What principle should guide when a president can use this power?
Roger asks: If you became president, what would your first executive order be? And why would you choose an EO rather than trying to pass a law?

ðŸŽŊ AP EXAM PREP PORTAL

More Unit 2 review, FRQ practice, and presidential power content — Roger built it all.

ðŸū Go to Exam Prep
Read More
Jonathan Milner Jonathan Milner

Student Speech Learning Lab

GoPo Student Speech Challenge | Social Studies Lab
Social Studies LabGoPo Student Speech Challenge
ðŸū 0 pts
Roger
AP Gov â€Ē Unit 3: Civil Liberties â€Ē 1st Amendment
Do Students Have Free Speech?

From black armbands in Iowa to F-bombs on Snapchat — this is the wild, complicated, and deeply relevant story of student free speech rights. Roger has strong opinions about this. ðŸū

📋 TINKER REVIEW QUIZ

Before We Go Further — What Do You Remember?

Four quick questions on Tinker v. Des Moines. Roger will give hints if you miss one. No judgment. (Some judgment.) ðŸū

Score: 0 / 4
ðŸ“ą THE SNAPCHAT CASE — MAHANOY v. B.L. (2021)

F-Bombs, Cheerleading, and the Supreme Court

True story. A cheerleader did not make varsity. She went home, went on Snapchat, and posted exactly what you would expect a frustrated teenager to post. The school found out. Drama ensued. The Supreme Court got involved. Roger was riveted. ðŸū

The Facts — Read This Carefully

🎀 WHO IS B.L.?
B.L. was a student at Mahanoy Area High School in Pennsylvania. She tried out for the varsity cheerleading team. She did not make it — she was placed on the junior varsity team instead. Understandably annoyed. Not unusually so.
ðŸ“ą THE SNAP
Over a weekend, away from school, B.L. posted a photo on Snapchat. The caption: "F*** school f*** softball f*** cheer f*** everything." (Yes, all four of those.) The photo was visible to about 250 people — many of them MAHS students, including cheerleaders.
ðŸ“Ģ THE REACTION
Several cheerleaders who saw the post went to the coach and expressed concern that it was inappropriate. The coaching staff decided the snap violated team and school rules that B.L. had signed before joining the team. She was suspended from the junior varsity cheerleading squad for one full year.
🏛ïļ THE LEGAL JOURNEY
B.L. and her parents sued the school district. The district court sided with B.L. The Third Circuit Court of Appeals affirmed. The school district appealed to the Supreme Court. In June 2021, the Supreme Court ruled 8-1 in B.L.'s favor — authored by Justice Stephen Breyer.

The Decision — What the Court Actually Said

📜 The Rule: The First Amendment limits but does not entirely prohibit regulation of off-campus student speech by public school officials.

The Court identified three existing categories where schools CAN regulate speech:

1. Indecent, lewd, or vulgar speech on school grounds
2. Speech promoting illegal drug use during a school event (Morse v. Frederick — "Bong Hits 4 Jesus")
3. Speech that bears the imprimatur of the school — like a school-sponsored newspaper
4. From Tinker: Speech that materially disrupts classwork or involves substantial disorder

The Court also identified three reasons why schools have less authority over off-campus speech:

1. Off-campus speech is normally within the zone of parental (not school) responsibility
2. Combined on+off campus restrictions would mean a student can never say the restricted thing — ever
3. Schools have an interest in protecting even unpopular expression — free speech is a cornerstone of democracy
ðŸŽŊ Bottom line for B.L.: She spoke off campus, on her own time, on her own device, without causing "substantial disruption." Her parents — not the school — had responsibility. The suspension violated the First Amendment.
✅ COMPREHENSION CHECK

Three Quick Questions on B.L.

⚖ïļ CASE COMPARISON — TINKER vs. B.L.

Two Cases. Same Amendment. Very Different Worlds.

1969: Black armbands protesting Vietnam. 2021: Snapchat F-bombs about cheerleading. Both ended up at the Supreme Court. Both involved the First Amendment. Roger finds this deeply instructive. ðŸū

Complete the comparison chart below. Use what you have read — no peeking unless you already read it. This is essentially FRQ practice. You are welcome.

Category 🏛ïļ Tinker v. Des Moines (1969) ðŸ“ą Mahanoy v. B.L. (2021)
1st Amendment Clause
What the Student Did
Where Did It Happen?
SCOTUS Ruling
Key Test / Rule Created
Similarity
Key Difference
Who Is More Heroic?
Your Opinion
📌 AP Exam Tip from Roger: Comparing Tinker to B.L. is EXACTLY what FRQ Question 3 (SCOTUS Comparison) looks like. You just practiced it. That was sneaky and educational simultaneously. ðŸū
🧑‍⚖ïļ YOU BE THE JUDGE

Seven Real Cases. Your Verdict First.

Below are seven real student speech cases. For each one: read the facts, decide if the speech should be PROTECTED or NOT PROTECTED — then see what the actual court ruled. See how your justice instincts compare to the real judges. Roger will be keeping score. ðŸū

0
Agreed with Court
0
Disagreed with Court
7
Remaining
✍ïļ YOU BE THE FRAMER

Draft Your Own Student Speech Amendment

The current state of student speech rights is a patchwork of court decisions built case by case. If you could write a clear, simple rule for student speech — what would it say? Justify your amendment using at least one case you have studied today.

ðŸ’Ą Example prompt: "Students shall have the right to express themselves freely unless the speech directly causes substantial disruption to the educational environment, regardless of where the speech occurs."
ðŸ’Ą Consider: Should your amendment cover social media? What about AI-generated content? What about speech that targets specific students? Does your amendment give MORE or LESS protection than Tinker?
💎 CURRENT ISSUE CONNECTION
Social media has made student speech questions more complicated than anything the Framers or even the Tinker Court imagined. Should your school be able to discipline you for a Snapchat post? A TikTok? A private Discord server that a teacher happens to find? These are live legal questions in courts right now — your amendment might be more relevant than you think.
🏆 THE BIG PICTURE

What Does All This Mean?

You have reviewed Tinker, dissected B.L., compared two landmark cases, judged seven real scenarios, and drafted your own constitutional amendment. That is a lot of First Amendment for one day. Here is why it matters beyond the AP exam. ðŸū

The Big Question: How Much Speech Freedom Do Students Have?

ON CAMPUS
Schools have significant power. Lewd speech, drug promotion, school-branded publications, and substantially disruptive speech can all be regulated. Tinker set the floor — but courts have allowed schools to build a lot above that floor.
OFF CAMPUS
B.L. said schools can regulate off-campus speech in some circumstances — but the burden is much higher. Parents, not schools, have primary responsibility. The Court deliberately left the off-campus question open for future cases.
SOCIAL MEDIA — STILL BEING DECIDED
Every circuit court is developing its own social media speech doctrine. The Supreme Court will have to address this more directly. It is one of the most active areas of First Amendment law. Your generation will shape this.

AP Exam Connection — This Is FRQ Practice

📌 FRQ Question 3 (SCOTUS Comparison) will give you a non-required case and ask you to compare it to a required case. Today you compared B.L. (non-required) to Tinker (required). That is the whole format. If you can do what you did today, you can do FRQ 3. Roger is very proud. ðŸū

Key terms to know cold: Prior restraint, Freedom of Speech, Clear and Present Danger, Substantial Disruption Test, Selective Incorporation, Off-campus speech, Symbolic speech.

Discussion Questions — Take These to Class

Should schools have the authority to discipline students for social media posts made at home, on personal devices, on weekends?
B.L. made her post while upset about not making varsity. The Tinker kids deliberately organized a protest. Does the intent behind speech matter?
What does it say about American democracy that student speech rights have to be fought for in court case by case, rather than protected by clear law?
If the Framers wrote the First Amendment today, would it look the same? What would they think about Snapchat?

ðŸŽŊ AP EXAM PREP PORTAL

More SCOTUS review, FRQ practice, and Unit 3 content — Roger built it all for you.

ðŸū Go to Exam Prep
Read More