Tinker v. Des Moines
May a public school ban silent political armbands because officials fear disruption?
- Petitioner
- Students
- Respondent
- Des Moines schools
The driving question
When, if ever, should the government be allowed to limit a person's constitutional rights in order to protect the community?
In other words: When should the government be able to take away someone's rights to keep other people safe?
This is the unit’s big question, and it fits some cases better than others. Jacobson fits it most directly: one man’s liberty against a city fighting smallpox. Tinker, T.L.O., Payton, Mahanoy, and Morse are also genuine rights-versus-order fights. Kennedy is two religion clauses colliding. Brown is equal protection. Arizona is federal versus state power. Fishing Rights asks what the treaties promised the tribes and whether a treaty outranks state law. Use this question when it fits, and use each case’s own constitutional question when it does not.
Start Here
Assigned a case? Open it below, then follow this path. Argue as if the Supreme Court has not decided yet. Hide the holding until after your debate.
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Round 1
Background
Open your case. Read facts, Know the law, the question, and the two competing tests.
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Round 2
Sort & Weigh
On your case page, open Argument Sort, then rank and steelman.
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Round 3
Evidence Vault
Flip primary excerpts and write how each side could use them.
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Round 4
Speak
On your case page, use the Speak tab for a 60-second theory.
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Round 5
Debate Prep
Write the speech: opening, arguments, sources, rebuttals. Your theory stays on Speak.
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Round 6
Debate, Then Debrief
Argue in class. Then Journeys Debrief mode, Compare, and Review.
Cases
Each card shows the amendment, the question you will argue, and the two sides. Pick a case, then pick a side.
Student Speech
3 cases
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Year: 1969 -
Year: 2021 Mahanoy v. B.L.
May a school punish a student for a vulgar weekend Snapchat about cheer and school?
- Petitioner
- Mahanoy schools
- Respondent
- B.L. (the student)
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Year: 2007 Morse v. Frederick
May a school punish a student for a banner at a school event that officials say promotes illegal drugs?
- Petitioner
- Principal Morse and the school board
- Respondent
- Frederick (the student)
Search, Privacy, and the Home
2 cases
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Year: 1985 New Jersey v. T.L.O.
May a school official search a student’s purse without a warrant?
- Petitioner
- New Jersey (the State)
- Respondent
- T.L.O. (the student)
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Year: 1980 Payton v. New York
May police enter a home to make a routine felony arrest without a warrant?
- Petitioner
- Payton (the accused)
- Respondent
- New York (the State)
More Topics
5 cases, one per topic
Religion in Public Schools
Kennedy v. Bremerton
May a public school stop a coach from praying at midfield after games?
- Petitioner
- Coach Kennedy
- Respondent
- Bremerton schools
Equal Protection
Brown v. Board of Education
May a state require racially separate public schools if it claims the buildings are equal?
- Petitioner
- Brown family
- Respondent
- Topeka school board
Public Health
Jacobson v. Massachusetts
May a state fine an adult who refuses a smallpox vaccination during an outbreak?
- Petitioner
- Henning Jacobson
- Respondent
- Massachusetts (the State)
Federalism
Arizona v. United States
May a state add its own immigration crimes and police duties when Congress already occupies that field?
- Petitioner
- Arizona (the State)
- Respondent
- United States
Treaty Rights and Tribal Sovereignty
Washington v. Fishing Vessel Ass’n
Do the 1854–1855 treaties give tribes only the same chance to fish as everyone else, or a share of the fish?
- Petitioner
- State of Washington
- Respondent
- Treaty tribes and the United States