Goss V. Lopez Supreme Court Case Summary

Concurrence: Justice Powell and Justice O’Connor agreed with the opinion of Justice White. Powell stated that the students are not afforded the same constitutional protections in school as they would have outside of school. Justice Blackmun also agreed with the majority but wanted to elaborate and put a highlight for a special exception to the Fourth Amendment because the teachers and school officials need to have discipline in schools to create a safe and productive learning

In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.

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

The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court. The students believed that in appealing to the rulings of the separate courts they were protected under the 1st Amendment to show their freedom of speech and symbolic freedom as well.

The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."

The public school officials violated the fifth and sixth amendments of the student. The student’s right to a hearing as well as notice of his suspension was stripped from him. A public entity or in this case a school is not permitted to void the people’s rights. Constitutionally this is not a sound

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 Civil Right movement was a broad and diverse effort to attain racial equality, compelled to the nation to live up to its ideal that all are created equal. The movement demonstrated that ordinary men and women could perform extraordinary acts of courage and sacrifice to achieve social justice. The event of Brown v. Board of Education and advocates such as Thurgood Marshall and Rosa Parks greatly impacted the United States.

The rule violates the proposition that students have a fundamental right to participate in extracurricular activities. (Bell v. Lone Oak Independent School District, 507 S.W.2d 636)

As school administrators encountered many issues in balancing between providing safe school environment and meeting the requirements of the new law, Many case laws had been established by the judicial decisions in particular cases such as Goss v. Lopez (1975), Stuart v. Nappi (1978), Doe v. Koger (1979), Jackson v. Franklin County School Board (1985), Honig v. Doe (1988) which clarified many discipline questions pertaining to special education. In 1997 Congress passed thorough amendment to the IDEA and embeded detailed statutes to address disciplinary issues of students with

Prayer in public schools became an issue in 1960. A woman by the name of Madalyn Murray O’Hair sued the Baltimore, Maryland school system, because her son William J Murray was allegedly being forced to participate in prayer at the public school he attended. The American Atheist Organization, alongside Madalyn’s actions consequently led to the Supreme Court ruling in the 1960s. On June 17, 1963, the Supreme Court published its ruling on the case. The Supreme Court ruled that Bible reading and prayer in schools were unconstitutional. Justice Tom C. Clark, who wrote the court ruling, wrote that religious freedom is embedded in our public and private life, and while freedom of worship is indispensable in America, the government must be neutral

school and school search did not go against the Fourth Amendment, which is the right of people to be

As we mentioned earlier, the freshman’s mother mentioned to coach McElroy the fact that the upperclassman was calling her son those insulting names. This incident could have been foreseeable by the coaches, and possibly the administration, if the coach reported anything to the principal and athletic director. The Mepham High School football season was eventually cancelled and the three upperclassman were charged with “involuntary deviate sexual intercourse,” “aggravated assault,” “kidnapping,” “unlawful restraint,” “false imprisonment,” “terroristic threats,” “criminal coercion,” “simple assault,” “reckless endangering of another person,” “ethnic intimidation,” and “criminal conspiracy.” Judge Robert J. Conway chose to try the accused as juveniles.

GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over. Ohio law requires that the parents of suspended students are to be notified within 24 hours of the suspension, and the principal must state the reasons for the suspension. Six of the nine students attended school at Marion-Franklin High School. They were suspended for disruptive and disobedient behavior. Two others, Dwight Lopez and Betty Crome, attended Central High School and McGuffey Junior High School. They were suspended for an incident in the school lunchroom that caused some property damage. Again, all students claimed their rights to the due process clause of the 14th amendment were violated. The major purpose of the due process clause is for a person to be heard. It basically gives a person the chance to defend accusations that are being made against them. It clearly states that students must be given some type of prior notice, and they must be given some type of arena to hear and defend those accusations.

The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to