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. Tinker, T.L.O., Payton, and Mahanoy are genuine rights-versus-order fights. Kennedy is two religion clauses colliding. Brown is equal protection. Arizona is federal versus state power. Use this question when it fits, and use each case’s own constitutional question when it does not.

The cases

Each card shows the amendment, the question you will argue, and the two sides. Pick a case — then pick a side.

Student speech

1969
First Amendment

Tinker v. Des Moines

May a public school ban silent political armbands because officials fear disruption?

Students vs. Des Moines schools

2021
First Amendment

Mahanoy v. B.L.

May a school punish a student for a vulgar weekend Snapchat about cheer and school?

Mahanoy schools vs. B.L. (the student)

Search, privacy, and the home

1985
Fourth Amendment

New Jersey v. T.L.O.

May a school official search a student’s purse without a warrant?

New Jersey (the State) vs. T.L.O. (the student)

1980
Fourth Amendment

Payton v. New York

May police enter a home to make a routine felony arrest without a warrant?

Payton (the accused) vs. New York (the State)

Religion in public schools

2022
First Amendment

Kennedy v. Bremerton

May a public school stop a coach from praying at midfield after games?

Coach Kennedy vs. Bremerton schools

Equal protection

1954
Fourteenth Amendment

Brown v. Board of Education

May a state require racially separate public schools if it claims the buildings are equal?

Brown family vs. Topeka school board

Federalism — who writes the rules?

2012
Supremacy Clause

Arizona v. United States

May a state add its own immigration crimes and police duties when Congress already occupies that field?

Arizona (the State) vs. United States

Reading level

This choice follows you to case pages, Journeys, and Resources. Simplified is the same argument in shorter sentences — not a different story.

🔷

Simplified

Same facts and tests. Shorter sentences.

🔶

Standard

Fuller wording. Same argument.