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Benchmark
3.11
Question
Benchmark Clarification
BC1
Content Focus Term
The excerpt below is from a U.S. Supreme
Court opinion announcement:
Based on the special characteristics of the
school environment and the government
interest in stopping student drug abuse we
conclude that schools may restrict student
expression promoting such abuse.
…
The judgment of the United States Court of
Appeals for the Ninth Circuit is reversed.
Source: Morse v. Frederick (2007)
Based on the excerpt, how does the U.S. Supreme
Court protect citizens’ rights?
A.
B.
C.
D.
By interpreting the equal protection clause of
the Fourteenth Amendment
By interpreting the due process clause of the
Fourteenth Amendment
By interpreting the reserved powers clause of
the Tenth Amendment
By interpreting the free speech clause of the
First Amendment
Cognitive Complexity
H
Benchmark
3.11
Question
Benchmark Clarification
BC1
Content Focus Term
U.S. Court of Appeals
The excerpt below is from a U.S. Supreme
Court opinion announcement:
Based on the special characteristics of the
school environment and the government
interest in stopping student drug abuse we
conclude that schools may restrict student
expression promoting such abuse.
…
The judgment of the United States Court of
Appeals for the Ninth Circuit is reversed.
Source: Morse v. Frederick (2007)
Cognitive Complexity
H
This question is asking students
to identify the role of the
Supreme Court in interpreting the
Constitution.
A correct response will indicate a
student’s understanding of the
role of the Supreme Court in the
interpretation of laws and
constitutional limits on rights. As
well, a correct response will
indicate a student’s
understanding of First
Amendment protections and
limitations of freedom of speech
and freedom of expression.
Based on the excerpt, how does the U.S. Supreme
Court protect citizens’ rights?
A.
By interpreting the equal protection clause of
the Fourteenth Amendment
Incorrect – the scenario describes
an event related to “student
expression” which was not
interpreted to be protected by the
First Amendment according to
the Supreme Court, not the 14
Amendment, which defines
citizenship and guarantees equal
protection by the states.
Incorrect – The scenario
describes an event related to
“student expression” which
relates to the First
Amendment. The due process
clause of the 14 Amendment
relates to how states handle the
prosecution of crimes, among
other concerns.
Incorrect - the scenario describes
an event related to “student
expression” which was not
interpreted to be protected by the
th
B.
By interpreting the due process clause of the
Fourteenth Amendment
th
C.
By interpreting the reserved powers clause of
the Tenth Amendment
First Amendment according to
the Supreme Court, not the 10
Amendment, which describes the
states’ rights and reserved
powers.
Correct – This particular
scenario describes an event
related to “student expression”,
which in this particular case was
interpreted by the Supreme Court
to be limited by the First
Amendment protection of free
speech. It is the role of the
Supreme Court to interpret the
meaning of the U.S. Constitution.
In this instance, the Court
identified that the U.S.
Constitution sometimes limits
certain rights for the protection of
all citizens (in this case, other
students).
th
D.*
By interpreting the free speech clause of the
First Amendment