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Summary Of The Court Case Of Skinner Vs. Hoover High School

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Recommended: First amendment rights in schools

The question presented is whether, a high school regulation, requiring that student athletes “stand in a respectful manner throughout the National Anthem during any sporting event in which their team is participating” violates the First Amendment to the U.S. Constitution. The court should rule for the defendant Jane Skinner, utilizing the case of Hazelwood School District v. Kuhlmeier (1988) and Tinker v. Des Moines School District (1969). Which both implies that her actions were resulted from materially and substantially interfere with other student, and therefore justifies Jane Skinners actions. Facts: On October 4, 2017 Jane Skinner who is the principal of Alabama’s Hoover High School, informed both students and parents of a new sporting …show more content…

Hoover’s star quarterback named Colleen Copernica, kneeled in protest; this lead to the immediate removal of Colleen Copernica, from the football team. Colleen Copernica felt as if this First Amendment right had been violated and later filed an emergency appeal with the federal district court in Alabama. Colleen Copernica’s Best Argument: Colleen Copernica’s Best argument can tie into the deliberation of Morse v. Frederick (2007). Morse v. Frederick case extended the First Amendment right, which protects student speech except where the speech would case a disturbance. The principle cannot punish a student, because of his message and this is deemed to be unconstitutional, and is in violation of the students First Amendment right. Jane Skinner’s Best …show more content…

Kuhlmeier (1988) and Tinker v. Des Moines School District (1969). Which implies that schools must set high standards for their students’ speech as long as it is disseminated under their auspice and reasonably related to legitimate pedagogical concerns. If a student poses a distraction that impacts other students’ ability to learn and perform, the school has the duty and right to discipline that particular student. In the case of Colleen Copernica v. Jane Skinner, Colleen feels that he has the right to kneel during the National Anthem during a football game, which he feels is his form of Free Speech, due to Morse v. Frederick (2007). Which extended the first amendment right to student speech, and states that punishing a student because of their message. However, Colleen Copernica’s argument is not good. Reason being Mr. Copernica knew that when he was attending the football game and the National Anthem would be said. However, he deliberately went against school policy in which he was informed of and also informed of the consequences of not following the rules. Therefore, the principal of the school (Jane Skinner) has the duty to discipline students when they pose a distraction that impacts other’s ability to learn or perform. Jane Skinners policy was created to create a safe public forum for sporting events that was free of disruption to the athletic contest. Jane Skinner’s punishment to

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