Bethel School District V. Fraser Case Summary

The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them. The plaintiff’s argument was that the student’s suspension was unconstitutional and the confederate flag is a part of his heritage. The district court ruled the school’s dress code policy unconstitutionally

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).

Justice Abe Fortas believes certain kinds of speech should not be prohibited within an educational setting .Hugo black argues that one should not demonstrate when he pleases and where he pleases. Justice Abe Fortes argues that certain kinds of speech should not be prohibited within an educational setting. In the story there was plenty of points one is ,” The prohibition of expression of one particular opinion….is not constitutionally permissible.”(Paragraph 8) The next important one talk about the student’s rights and it says,” A students rights, therefore, do not embrace merely classroom hours …….he mat express his opinions, even on controversional subjects…..” The next important quote from the story talks freedom of expression and it says,”In our system undifferented fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.” (Paragraph 4 ) Also he points out the protection of constitutional freedom and he said,” The oigilant protection of constitutional freedoms is nowhere more vital than in the

: Joseph Frederick a high school student filed suit in District Court under 42 U.S.C. §1983, alleging violation of his First Amendment rights by the school board and Deborah Morse, the principal of his high school. The District Court granted summary judgment for the school board and Morse. Frederick appealed to the Ninth Circuit and the District Court’s decision was reversed. Morse appealed and Certiorari was granted.

One example of freedom of expression being contested in a court of law was the Pickering v. Board of Education case Where the U.S. Supreme Court held that in the absence of proof of the teacher knowingly or recklessly making false statements, the teacher had a right to speak on issues of public importance without being terminated from his position.

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. I can’t fully express anything that I want and its due to the security and general welfare of other fellow peers. A lot of class work has to be censored and cant be used for the sole purpose of education. We too, students, are persons under the American Constitution . So so this extent, i can say that our government has altered the first amendment.

This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

Earl versus the Board of Education was a Supreme Court case in 2002 where high school students and their parents disliked the action of The Student Activities Drug Testing Policy taking place in an Oklahoma School District. This policy required all middle and high school students who wanted to participate in any extracurricular activity like athletics, to take a mandatory urinary test for drugs before taking part in that activity. However, in this situation in Tecumseh, Oklahoma, the testing was only done for athletics. This was done by the Oklahoma Secondary Schools Activities Association (OSSAA). Specifically two Tecumseh High School students and their parents complained and brought suit, they believed this practice violated

The Supreme Court has ruled that the government has the right to prohibit speech that disrupts peace or causes violence, especially in public schools. In fact, there have been multiple instances in which the Supreme Court has gotten involved in the first amendment rights of public school students.

It is a case when a student made a hate profile on myspace about a middle school principal, James McGonigle. This document has four paragraphs explaining what happened to the principle, on this myspace profile, there was a photo of the principal along with offensive and vulgar language. On March 20, the principle was confronted by two teachers who said that some students were discussing the myspace profile in class. They said that the teacher and principal violated the student 's First Amendment free speech rights when he suspended

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

Gathercoal (2001) reminds school leaders that the Supreme Court has upheld schools may limit an individual’s right to an education if they violate one of four underlying responsibilities. Students right to an education can be limited if they willfully cause property loss or damage. They must follow rules which have a legitimate educational purpose. Students rights can also be limited if they pose a health and safety risk to themselves or others. Finally students may not cause a serious disruption to the educational process.

There have been tons of Supreme Court cases that have changed the lives of high schoolers and students everywhere- one of the most famous being the Tinker vs. Des Moines Independent School District case in 1969. There were three students, John Tinker, Mary Beth Tinker and Christopher Eckhardt, who decided to wear black armbands to show that they did not support the Vietnam War. The administrators of their school told them that the armbands needed to be removed because they were inappropriate, but they refused, and a huge court case started and they also got suspended from school. According to the students, their right to wear the armbands was protected under the First Amendment, which said that they were allowed freedom of speech and expression. After going through lots of courts, the Supreme Court took the case and agreed that the students were protected. The Tinker vs. Des Moines Independent School District ruling strengthened the idea that high schoolers are protected by the first amendment and are allowed to express themselves freely.

I am in favor of the Petitioner in the name of Rebecca Friedrichs who supports the idea of overturning the precedent Abood v. Detroit Board Education where the Supreme Court ruled that public agency shop arrangements are constitutional. Public-sector agency shop arrangements aren’t completely incorrect in regards to the subject of having the right to represent since they do have the “legal duty to represent all workers” (“Supreme Court takes case on ‘fair share’ union fees,” 2015). It explains how they do have the constitutionality behind representation and also behind their practices (Abood v. Detroit Board Education) yet regarding their actions, it doesn’t mean that the ruling in Abood v. Detroit Board Education should’nt be overturned especially considering unions require nonmembers to pay “their fair share of fees” for bargaining costs despite the

The case, Florence County School District IV v. Shannon Carter, is about a student who is entering the 9th grade and diagnosed with ADHD (attention deficit hyperactive disorder) and Dyslexia. Prior to entering high school Shannon Carter did not have an IEP or a 504 plan. Her parents began the process in high school to help their daughter learn to read, at this time Shannon was diagnosed as she was functionally illiterate. Shannon’s family was upset that the school was doing more to help their daughter be able to perform on grade level.