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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
First and Fourteenth Amendments: Educational Case Reviews
School of Education, Liberty University
Abstract
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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
First Amendment protection of free speech has been frequently reviewed in courts brought by
diverse complaint in the educational sector. Students who believed their rights had been violated
when their choice to symbolically represent their views by wearing black armbands, dissenting
the Vietnam conflict came under attack by their school. In a very different display, a teacher who
had communicated his views on the school board’s handling of proposals seeking new avenues
of school revenue, found his job terminated by a retaliatory board that had ignored his First
Amendment right of free speech.
Keywords: freedom of speech, First Amendment, Fourteenth Amendment, constitutional
rights, Equal Protection clause, segregation
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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
First Amendment: Educational Case Reviews
Behind the scenes, in the world of education, the three First Amendment case reviews
which follow, have been investigated, categorically, via fact particulars, major issues, rationale
given, holdings from judges, and finally, the reaction to such by this author. The subject cases
include: Tinker v. Des Moines Independent Community School District, 393 US 503 (1969),
Pickerington v. Board of Education, 391 US 563 (1968), and Brown v. Board of Education, 347
US 483 (1954). Legal databases have been used to ascertain specific elements of each claim and
subsequent judication, with special constitutional law basis, as well as interest given to
commentary.
Often times, the First Amendment is radically ignored because its deeper implications are
missed and relative aspects unaccounted for when school administrations assemble student
handbooks. Trained notice can observe eye-opening verbage red-flagging potentiality for future
legal burden brought by disgruntled students, faculty, or staff voices raising dissent. Either their
speech, symbolic expression, and/or actions may have been deemed outside the school
parameters administration has determination an infraction having occurred and the levying of
some type of discipline then triggers litigation that could well have been avoided.
As presented, the cumulative knowledge garnered and shared from these educational
cases intends to clarify would-be case scenarios that may well be averted by example of others’
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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
foibles of judgement and discernment, whether on the side of ones decrying violation of free
speech rights, and the symbolic expression thereof, or that of the school authority exacting
alternative action resulting in some form of discipline or other consequence to redirect actions
when policies, regulations, or rules have appeared not to have been followed. The case reviews
offer generous direction when considering more about the First Amendment than first thought.
Tinker v. Des Moines Independent Community School District, 393 US 503 (1969)
Facts
Factual evidence in this case shows several things. First of all, students who wore
black armbands which expressed their disapproval of the Vietnam hostilities, believed it was
their constitutional right of free speech and the expression in such, to make the statement as they
chose to do so. In opposition to the students’ outward show of political posturing, the school
administration, representative of the state (Essex, 2016), had referred to school policy that noted
suspension would meet any student’s display of a black armband. This had been disseminated
among principals in the district. Soon, the student filed suit claiming the severity of school-levied
suspension violated their constitutional free speech rights.
Major Issues
The major issues revealed that even though students had not caused disruption or a
disordering of school activities as the student handbook had cautioned against from wearing the
armbands, they were still suspended. This triggered the school’s impending liability when suit
was filed against the school administrators, teachers, and others involved in countering the
students’ dissent. The school’s regulations had, in fact, stated that any student wearing the
armbands would be suspended, and were. But this ignored students’ right of expression protected
by the First Amendment’s freedom of speech right (Shanor, 2018).
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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
Rationale Given
The School had concluded that disruption or interference of school activities could occur,
while students had felt their freedom of expression had been barred in this matter, a dampening
of their expression of speech in a symbolic representation (CLSLII, n. d.). Constitutional law
commentary suggests that students, teachers, and staff do not shed their first Amendment rights
inside the school gate. Wearing the black armband was a symbolic act cloaked protectively
within the free speech clause.
Holdings from Judges
The lower court favored the school’s position and dismissed the students’ complaint.
However, the Supreme Court reversed that decision pointing out that the plaintiffs’ First
Amendment rights had, indeed, been violated. The case was remanded back to the lower court.
Author’s Reaction
A clear case for the symbolic representation implied by the free speech clause, was
upheld by the higher court, the correct decision. Students were right; they could express their
dissention, symbolically, without saying a word, and without school disruption, remaining within
the constitutionality of the First Amendment, and rules of the student handbook. The lower court
was too hasty to represent the school, in not showng that symbolism could represent students’
free speech rights, also.
Pickerington v. Board of Education, 391 US 563 (1968)
Facts
An Illinois teacher was terminated after sending a letter to the newspaper, critically
commenting about the manner in which the board of education had handled past proposals in the
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FIRST AND FOURTEENTH AMENDMENTS: EDUCATIONAL CASE REVIEWS
raising of revenue for the schools. The teacher claimed that his dismissal had been
unconstitutional since he was protected by the First and Fourteenth Amendments.
Major Issues
The teacher had been dismissed for simply exercising his freedom of speech as a citizen.
The State’s interests as an employer did not allow preclusion of the teacher’s rights to participate
as a citizen in expressing his free speech without detriment to his employment.
Rationale Given
The teacher was well within his right to file complaint against the administration for his
firing, as no detriment was realized by the school and the Supreme Court had falsely stated that
ample reason had been given for termination, yet no facts existed to prove that. Upon the
teacher’s appeal, citing the First and Fourteenth Amendments caused the Court to reverse and
remand the case.
Holdings of Judges
The Court held that the teacher’s employment was not, in fact, tied to his citizenship right
to communicate with the newspaper without school repercussion. The Court stated that their was
absent proof of false statements made by the teacher and therefore, the administration had
violated his rights with termination. The Court reversed and remanded the case, stating the
teacher’s rights to free speech were violated.
Author’s Reaction
Again, the lower court had hastily favored the school’s firing of an employee who was
simply acting as a free citizen expressing his right of free speech. Presumption had been made on
the part of the lower court without any concrete evidence favoring their defense. The higher
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court upheld constitutionality in pointing out that there were, in fact, no reasonable counter
claims in favor of firing the teacher.
Brown v. Board of Education, 347 US 483 (1954)
Facts
A bundling of case interests bringing together similar pleadings from Kansas, South
Carolina, Virginia, Delaware, and Washington, D. C. that African American students were
entitled to public education, and not denied by racial segregation. Their contention was based on
the Fourteenth Amendment violation of the Equal Protection Clause. The lower courts had
denied relief based on Plessy v. Ferguson, which held that segregation was legal as long as public
facilities for both blacks and whites were equal, also known as the “separate but equal” doctrine
(Oyez, n. d.).
Major Issues
Separate but equal facilities for racial minorities is unequal, in violation of the Fourteenth
Amendment. Segregation based on racial discrimination pointed to inferiority, detrimentally
affecting African American children’s growth and development, instilling a sense of inferiority.
Rationale Given
Racial discrimination affected children, and was wrong. Equal access to education should
not be thwarted by racial bias and be deemed separate.
Holdings of Judges
The decision handed down by Chief Justice Earl Warren used easily accessible language
that didn’t require legal expertise to understand because he believed all Americans needed to
understand its intention (Oyez, n. d.) that denying public education on racial differences violated
the Fourteenth Amendment. The decision was unanimous for Brown, et al.
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Author’s Reaction
Constitutionality was served in Chief Justice Warren’s opinion. All people are created
equal in God’s eyes, and this case honored that premise along with the upholding of the
Fourteenth Amendment.
Conclusion
The strength of the Constitution to protect the interests of citizens that the founders
determined long ago, can still be realized, today. The First Amendment, shown in the first two
cases proved to cover much more than the delivery of speech, but also the symbolic
representation of a statement of personal belief and opinion as well as positional posturing.
Additionally, the Fourteenth Amendment protected the equal access to education, that it not be
denied because of race. The wisdom of the Founding Fathers in creating the powerful documents
of the US Constitution surely solidified claim to the blessing of the country’s inception by
Almighty God’s omniscience. Indeed, as Psalm 33:12 reminds us, “Blessed is the nation whose
God is the Lord.”
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References
Cornell Law School Legal Information Institute (CLSLII). (n.d.) First Amendment.
https://www.law.cornell.edu/wex/first_amendment
Essex, L. N. (2016). School Law and the Public Schools: A Practical Guide for Educators
(6th ed.). Pearson Education, Inc.
King James Bible. (2017). King James Bible Online.
https://www.biblegateway.com/passage/?search=Proverbs%202&version=KJV (Original
work published 1769)
NexiUni. (n. d.). Pickerington v. Board of Education, 391 US 563 (1968).
https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-
FJ40-003B-S09S-00000-00&context=1516831.
Oyez.org. (n. d.). Brown v. Board of Education of Topeka (1).Retrieved September 29,
2023. www.oyez.org/cases/1940-1955/347us483.
Shanor, A. (2018, May). First Amendment Coverage [article]. New York University Law Review,
93(2), 318.
https://heinonline.org/HOL/LuceneSearch?terms=First+Amendment+Coverage&collecti
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on=journals&searchtype=advanced&typea=text&tabfrom=&other_cols=yes&submit=Go
&sendit=
Westlaw. (n.d.). Tinker v. Des Moines Independent Community School District
(1969).
