JEA CJE TEST CERTIFICATION SCRIPT 2026 QUESTIONS
WITH SOLUTIONS GRADED A+
● West Virginia State Board of Education v. Barnette (1942). Answer: BOE required
teachers and students to salute flag. Refusal to salute was considered insubordination,
punishable by expulsion and charges of delinquency. In 6-to-3 decision, Court overruled its
decision in Minersville School District v. Gobitis and held that compelling public schoolchildren
to salute the flag was unconstitutional. The Court found that such a salute was a form of
utterance and was a means of communicating ideas.
● New York Times v. Sullivan (1964). Answer: This U.S. Supreme Court case extended the
First Amendment's guarantee of free speech to libel cases brought by public officials. The
Supreme Court sought to encourage public debate by changing the rules involving libel that
had previously been the province of state law and state courts, and that a public official
cannot receive damages unless statements were made in "actual malice." LB. Sullivan, the
Montgomery city commissioner responsible for supervising the city police department, filed a
libel suit against four African American clergymen and the New York Times in Alabama state
court, alleging an ad seeking contributions to the civil rights movement libeled him. The judge
instructed the jury that under Alabama law, if the statements were found libelous, falsity and
malice were presumed, and damages could be awarded without direct proof of financial loss.
The jury concluded that the statements did concern Sullivan and awarded him $500,000 for
injuries to his reputation and profession. The U.S. Supreme Court reversed, holding that the
Rule of Law applied by Alabama violated the First Amendment.
● Brandenburg v. Ohio (1968). Answer: Brandenburg, a Ku Klux Klan leader, made a
speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The
law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a
means of accomplishing industrial or political reform," as well as assembling "with any society,
group, or assemblage of persons formed to teach or advocate the doctrines of criminal
syndicalism." The Court's opinion held that the Ohio law violated Brandenburg's right to free
speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be
prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely
to incite or produce such action." The criminal syndicalism act made illegal the advocacy and
teaching of doctrines while ignoring whether that advocacy and teaching would actually incite
imminent lawless action. Failure to make this distinction rendered the law overly broad and in
violation of the Constitution.
, ● Tinker v. Des Moines Independent Community School District - 1969. Answer: The
Supreme Court decision declared students' First Amendment rights did not stop at the school
door. They had the right to express their political views, in this particular case with black arm
bands as a protest of the Vietnam War, as long as the expression did not disrupt class work or
disrupt the rights of others.
● Bethel School District v. Fraser- (1986). Answer: Matthew Fraser made a nominating
speech at an assembly, lewd and sexual in nature, and he was disciplined. The Court ruled
the school was within its right to prohibit vulgar language at school. The court declared that
vulgar speech is not politically protected speech.
● Hazelwood v. Kuhlmeiern 1988. Answer: this case established standard for censorship of
school newspapers. The Court ruled school officials could exercise prior restraint if/when a
student newspaper was produced as a "regular classroom activity" rather than a "forum for
public expression." That standard means that most high school papers now are assumed not
to have First Amendment protections, while most college newspapers are. The case began
when the principal pulled two articles from the school newspaper, one on divorce and one on
teen pregnancy.
● Texas v. Johnson (1989). Answer: In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag to protest Reagan administration policies. Johnson was
tried and convicted under a Texas law outlawing flag desecration. After the Texas Court of
Criminal Appeals reversed the conviction, the case went to the Supreme Court. In a 5-to-4
decision, the Court held that Johnson's burning of a flag was protected expression under the
First Amendment. The Court found that Johnson's actions fell into the category of expressive
conduct and had a distinctively political nature.
● Yeo. v. Town of Lexington (1998). Answer: The U.S. Court of Appeals for the First Circuit
unanimously ruled that student journalists have the right to refuse ads submitted to their
publications. This case demonstrates the importance of a school publication with public forum
status. The case arose when student yearbook/newspaper editors at Lexington High School
in Massachusetts refused to print an ad submitted by Douglas Yeo in 1992 encouraging
sexual abstinence by students. The student publications had an unwritten policy of not
accepting political or advocacy ads, but did offer Yeo to present his message in a letter to the
editor. Yeo turned that down. Students and school officials maintained the school's policy and
practice had been to allow students to control the content of their publications.
● Dean v. Utica (2004). Answer: This case reflects limits to the Hazelwood decision.
Students were about to publish a story in their student newspaper, the Arrow, about a lawsuit
filed against their school district concerning the ill effects of diesel fumes from the bus garage.
As the paper was to go to press, school officials told the adviser it could not be published.
WITH SOLUTIONS GRADED A+
● West Virginia State Board of Education v. Barnette (1942). Answer: BOE required
teachers and students to salute flag. Refusal to salute was considered insubordination,
punishable by expulsion and charges of delinquency. In 6-to-3 decision, Court overruled its
decision in Minersville School District v. Gobitis and held that compelling public schoolchildren
to salute the flag was unconstitutional. The Court found that such a salute was a form of
utterance and was a means of communicating ideas.
● New York Times v. Sullivan (1964). Answer: This U.S. Supreme Court case extended the
First Amendment's guarantee of free speech to libel cases brought by public officials. The
Supreme Court sought to encourage public debate by changing the rules involving libel that
had previously been the province of state law and state courts, and that a public official
cannot receive damages unless statements were made in "actual malice." LB. Sullivan, the
Montgomery city commissioner responsible for supervising the city police department, filed a
libel suit against four African American clergymen and the New York Times in Alabama state
court, alleging an ad seeking contributions to the civil rights movement libeled him. The judge
instructed the jury that under Alabama law, if the statements were found libelous, falsity and
malice were presumed, and damages could be awarded without direct proof of financial loss.
The jury concluded that the statements did concern Sullivan and awarded him $500,000 for
injuries to his reputation and profession. The U.S. Supreme Court reversed, holding that the
Rule of Law applied by Alabama violated the First Amendment.
● Brandenburg v. Ohio (1968). Answer: Brandenburg, a Ku Klux Klan leader, made a
speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The
law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a
means of accomplishing industrial or political reform," as well as assembling "with any society,
group, or assemblage of persons formed to teach or advocate the doctrines of criminal
syndicalism." The Court's opinion held that the Ohio law violated Brandenburg's right to free
speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be
prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely
to incite or produce such action." The criminal syndicalism act made illegal the advocacy and
teaching of doctrines while ignoring whether that advocacy and teaching would actually incite
imminent lawless action. Failure to make this distinction rendered the law overly broad and in
violation of the Constitution.
, ● Tinker v. Des Moines Independent Community School District - 1969. Answer: The
Supreme Court decision declared students' First Amendment rights did not stop at the school
door. They had the right to express their political views, in this particular case with black arm
bands as a protest of the Vietnam War, as long as the expression did not disrupt class work or
disrupt the rights of others.
● Bethel School District v. Fraser- (1986). Answer: Matthew Fraser made a nominating
speech at an assembly, lewd and sexual in nature, and he was disciplined. The Court ruled
the school was within its right to prohibit vulgar language at school. The court declared that
vulgar speech is not politically protected speech.
● Hazelwood v. Kuhlmeiern 1988. Answer: this case established standard for censorship of
school newspapers. The Court ruled school officials could exercise prior restraint if/when a
student newspaper was produced as a "regular classroom activity" rather than a "forum for
public expression." That standard means that most high school papers now are assumed not
to have First Amendment protections, while most college newspapers are. The case began
when the principal pulled two articles from the school newspaper, one on divorce and one on
teen pregnancy.
● Texas v. Johnson (1989). Answer: In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag to protest Reagan administration policies. Johnson was
tried and convicted under a Texas law outlawing flag desecration. After the Texas Court of
Criminal Appeals reversed the conviction, the case went to the Supreme Court. In a 5-to-4
decision, the Court held that Johnson's burning of a flag was protected expression under the
First Amendment. The Court found that Johnson's actions fell into the category of expressive
conduct and had a distinctively political nature.
● Yeo. v. Town of Lexington (1998). Answer: The U.S. Court of Appeals for the First Circuit
unanimously ruled that student journalists have the right to refuse ads submitted to their
publications. This case demonstrates the importance of a school publication with public forum
status. The case arose when student yearbook/newspaper editors at Lexington High School
in Massachusetts refused to print an ad submitted by Douglas Yeo in 1992 encouraging
sexual abstinence by students. The student publications had an unwritten policy of not
accepting political or advocacy ads, but did offer Yeo to present his message in a letter to the
editor. Yeo turned that down. Students and school officials maintained the school's policy and
practice had been to allow students to control the content of their publications.
● Dean v. Utica (2004). Answer: This case reflects limits to the Hazelwood decision.
Students were about to publish a story in their student newspaper, the Arrow, about a lawsuit
filed against their school district concerning the ill effects of diesel fumes from the bus garage.
As the paper was to go to press, school officials told the adviser it could not be published.
