Black Lives Matter
Arter, you read the fictional court of appeals case below, discuss how you would rule if you were a Supreme Court Judge.
Tyrone filed an action in this Court by and through his mother seeking an injunction barring enforcement of the school’s ban on the “Screw Hate, Don’t Discriminate- Black Lives Matter” stickers for violating his right to free speech as guaranteed by the First Amendment.
Would you rule in favor of Tyrone? or Would you rule in favor of Southwestern Unified School District? Why?
Read the Fact Pattern below and answer the questions.
Sample Answer
As a Supreme Court Judge, deciding Tyrone’s case requires careful consideration of both his First Amendment right to free speech and the Southwestern Unified School District’s authority to regulate student expression. While the First Amendment protects free speech, it’s not absolute, especially within the context of public schools. Therefore, my ruling would depend on weighing several factors:
Arguments in Favor of Tyrone:
- Expressive Content: The sticker clearly carries a political message expressing support for the Black Lives Matter movement and opposition to hate speech. Such political speech is generally protected by the First Amendment.