Equitable Treatment Case Study

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Equitable Treatment The second lens to view this alternative with is the Equitable Treatment lens, which focuses on fairness. The question that must be answered with the Equitable Treatment lens is,
“Would keeping the nativity scene bulletin board up be treating all of the claimants in this case equitable?” Priority Principle. In the context of this case, there are at least a couple of stakeholders that we know for sure feel that the nativity scene is unconstitutional and improper, because they formally made anonymous calls and complained. It is very likely there are other stakeholders who feel the same but did not make phone calls. Also, by only having a Christian bulletin board put up at school, some students and their parents are likely
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Allowing the nativity scene bulletin board to stay up in the school counselor’s room does provide Ms. Williams her right to freedom of speech as outlined in the First Amendment of the U.S. Constitution. In Tinker v. Des Moines (1969), the Supreme Court stated, “It can hardly be argued that students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Thus, the First Amendment rights of public school employees and students were affirmed. However, in Tinker the Supreme Court also ruled that this freedom of speech is not absolute. Plus, they stated that a school district should have weighty justification to censor speech. It appears that Ms. Williams has the right to put up a bulletin board of the nativity scene, as an expression of her faith, as long as the bulletin board does not substantially interfere with student discipline and school operation. While I do think there are students and staff who oppose the bulletin board and what it stands for and thus tension at school could increase, I do not foresee it to increase so much as to hinder a climate conducive to learning. Therefore, allowing the nativity bulletin board to stay up does not violate the right to freedom of…show more content…
Approving the alternative to keep the nativity scene bulletin board up reinforces Ms. Williams’ right to freedom of speech. By forcing her to take her bulletin board down and violating her constitutionally protected right, it is possible that legal ramifications for the school could be significant. So by allowing the bulletin board to stay up, there is no direct legal threat to the school from Ms. Williams or her supporters who form the majority of the stakeholders. Most community members will be pleased with the school for keeping the bulletin board up as well. Also, the students have the opportunity to learn more about the First Amendment Rights through this
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