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Case study about morse v fredericks
First amendment right in schools
First amendment right in schools
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Recommended: Case study about morse v fredericks
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
In the Opinion Announcement of Morse v. Frederick, Justice Roberts said, "...students do not shed their First Amendments rights at the schoolhouse gate... The rights of students at {a} school are not the same as the rights of adults in the community at large" (Morse). The point he is getting across is that even though students still have their first amendment right at school it is more filtered as they are required to follow school policy (Morse). In the case of Morse v Frederick, his first amendment was not broken as he was promoting illegal drug use at a school event which is explicitly prohibited at school no matter if at school grounds or not (Morse). From this case, it is further understood that students still have some right to be free
Per 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
My perspective on this case is that the student was still a representative of his school at the football game and the principal had the right to take action against his acts. Taylor Murphy claimed that, while on school property, the event was outside of the school day and he was acting as a free and public individual. In the case Morse v. Frederick, he may have no been “in school” but he was on school grounds and Morse v. Frederick states “pupils who participate in approved social events and class trips are subject to the same student conduct rules that apply during the regular school program.” Even if Murphy didn’t realize it, he associated himself with the school by wearing his school varsity jacket, so it was clear to the public that
Gisselle Zepeda Mr. Lievre American Government Credit 5 Board of Education of Westside Community Schools Versus Mergens The Equal Access Act upheld by the Supreme Court in Board of Education v. Mergens, 1990, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. The school administration denied a group of students their right to create a Christian after school club. The students intended for their club to have just the same privileges and club meetings as all other after school clubs. The schools excuse being that it lacked faculty support which led to the school and district being sued by the students.
The Effect of The Appeal After analyzing the arguments of those who believe certain kinds of speech should be prohibited within an educational setting and those who believe he opposite, the reader can infer the argument written by Justice Abe Fortas is more insightful than the article written by justice Hugo Black. Through the use of ethos and logos, Fortas provides greater facts and information. Along with the logical appeals, Fortas also draws the reader i with his diction and syntax. Therefore, the by analyzing the quotes and facts given by Fortas, the reader can gain a higher education and understanding of the argument.
1st Amendment and the College Campus Have you ever wondered why some college campus protests are shutdown even though the first amendment is in place? The first amendment does not always protect in every situation. The first amendment wasn’t enforced much until the 1960’s and 70’s, when the anti-war and gender equality protests first started. College campuses have a right to impede on the first amendment if it is restricting someone else’s rights. In many cases some protesters will block off an entrance to an event or will start to harass people walking past.
Judge Fortas insisted that under the Constitution, the students possessed fundamental rights to express their opinion as people of America. On the other hand, Judge Black rebutted:” I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students ' mind off their classwork and diverted them to thoughts about the highly emotional subject of Vietnam war. if the time has come when pupils of state- supported schools can defy and flout orders of school officials to keep their minds on their own work, It is the beginning of a new revolutionary era of permissiveness in this country fostered be the judiciary.” Judge Black has entirely different view with what the school authorities had done to students wearing armbands. He justified the prohibition of armband for wearing them would distract the students ' minds.
The first Amendment is part of the Bill of Rights in the Constitution that protects the citizens freedom of expression. According to Source 1, the rights rights protected by the First Amendment to the United States Constitution are freedom of speech, religion, Press, assembly and petition. However, there have been times when the First Amendment has been restricted. In source 4, the Supreme Court case in Des Moines, lowa Mary Beth Tinker,13, her older brother and a friend wore black armbands white peace sings to their schools from of protest against the U.S. involvement in the Vietnam war school officials told to the students to remove their armbands, they refused and were suspended Student sued the school district. This shows that.
A further consideration that must be taken into account while evaluating this case is that of time, place, and manner restrictions. Such restrictions are a sort of measuring stick when it comes to these types of freedom of speech issues. If a group or individual does not comply with time, place, and manner restrictions, their actions are no longer protected by the First Amendment. Meanwhile, if these restrictions are adhered to, a party has the constitutional right to voice their viewpoints.
It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches and it becomes a controversial problem for all. The use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school and school search did not go against the Fourth Amendment, which is the right of people to be secure in their personal spaces houses and papers. While drug dogs are becoming more and more commonplace in our public schools and to maintaining a drug-dog program can cost district estimates $12,000 and $36,000 every year. Drug dog must go through a long period of time of training and drug dogs are not dangerous to people, but instead it protects people. Without reservation, we must know the history background, advantages, and disadvantages of having a drug dog searches.
In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.
The First Amendment states “Congress shall make no law…abridging the freedom of speech” (Hall, 2014, p. 310). The federal government is not alone in adhering to this clause, but state and local governments also must abide (Hall, 2014). The U.S. Supreme Court has ruled that free speech includes many forms such as written or visual and expression or nonverbal speech (Hall, 2014). There are exceptions to free speech if a government can justify an interest that would outweigh individuals’ rights under the First Amendment (Hall, 2014). The fighting words doctrine is an example of a justified exception (Hall, 2014).
The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.