Back to Questions
The Title 28 of the United States Code QUESTION #3747
Question 1
A public school principal bans students from wearing black armbands to protest a war. The Supreme Court's ruling in Tinker v. Des Moines suggests that this ban is:
  • Constitutional, because schools have a right to prevent any political speech.
  • Unconstitutional, unless the school can prove the armbands caused a substantial disruption to the educational environment.✔️
  • Constitutional, if the armbands were made of silk.
  • Unconstitutional, because students have the same First Amendment rights as adults in all settings.
Correct Answer Explanation
Tinker established that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.' Speech can only be restricted if it causes a 'substantial disruption.'