Student Speech Learning Lab

GoPo Student Speech Challenge | Social Studies Lab
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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

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

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.

Three Quick Questions on 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

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

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.

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.

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