20210303040053business_law___note_04

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BUS205

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Philosophy

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Apr 3, 2024

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docx

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Question 1: Please provide feedback to 3 answers below with minimum 150 words per feedback. Study case: The annual Smallville Fair is the community event of the year. Attendance is always high, with community members going to enjoy the thrill rides, the exhibits, and the food, as well as to “see and be seen.” Principal Cuthbert of Smallville High School is there, and as he turns the corner (around the “Guess Your Age or Weight” exhibit,) he is shocked by what he sees. In front of the “Bearded Lady” exhibit is the star Smallville High School quarterback, senior Coy Gunner. Gunner is wearing a green “tee-shirt” depicting a Christ-like figure smoking a marijuana cigarette; in large yellow letters on the front of the shirt are the words “Joints for Jesus.” On the back of the shirt (again, in large yellow letters) is the following: “WWJS: What Would Jesus Smoke?! Principal Cuthbert immediately confronts Gunner, exclaiming “Coy Gunner, I cannot believe you would wear such a disgusting shirt. You have offended my Christian principles and beliefs, as well as the religious beliefs of countless numbers of Smallville citizens attending this fair. Further, you have disgraced Smallville High School. As the star quarterback of our football team, you of all people should know that you are a role model for your fellow students, as well as younger kids in the community. I will see you in my office on Monday morning at 7:30 a.m.” Gunner arrives at Principal Cuthbert’s office on Monday morning to discover that Principle Cuthbert has decided to suspend him for ten school days. Gunner objects, saying “I remember in civics class that Mr. Campbell told us we have the right to free speech. I object to the suspension, and if you don’t change your mind, Principle Cuthbert, my dad knows a good attorney who might want to speak with you.” Is the message on Gunner’s shirt constitutionally-protected free speech? Would rational limitations on free speech justify Principle Cuthbert’s decision to suspend Gunner? Does it matter whether the incident occurred on or off school property? Use the law to support your views. Answers: 1. Clemente: No, I do not believe the message on Gunner’s shirt is constitutionally-protected free speech. Gunner’s shirt can be easily recognized as offensive material for those of religious faith in the community. The shirt is depicting a religious figure, Jesus, taking part in a somewhat unwholesome interest, smoking marijuana. While the image might be positive or meaningless to some, I believe it can be very offensive to both Christians and those against the use of marijuana or smoking. I think that there would be plenty in the Smallville community who would find Gunner’s shirt as insulting or disturbing. If so, I think Gunner’s shirt would be classified as unprotected speech. Would rational limitations on free speech justify Principle Cuthbert’s decision to suspend Gunner? Does it matter whether the incident occurred on or off school property? Use the law to support your views. I do think rational limitations on free speech would justify Principle Cuthbert’s decision to suspend Gunner. If Gunner’s attire was both unlawful and
intentionally worn, he would need to face the appropriate consequences. However, since Gunner’s intentions of wearing the shirt are unknown, I do not think his suspension is appropriate. Also, this incident happened outside of school. While I understand he is a well-known high schooler, I do not believe he should be suspended for wearing potentially disturbing attire in public. If this happened at school, then I can understand the principal's actions if Gunner’s shirt was seen as disturbing to other students of staff. 2. Lacey: It is his freedom of speech it is a public school, but Principle Cuthbert has a point, Gunner represents the school, as a quarterback, he supposed to be a role model for the other kids and people around him; especially at an event with families around.. there should be some kind of self responsibilities of what you promote to others because of the position you are in; what is the quarterback promoting? drugs? wrong place to do so. Things like wearing a Black lives matter shirt, or a make America great again shirt, goes along the same lines of personal opinions, where one offends and one doesn't. Principle Cuthbert didn't like the shirt, it hurt his feelings but just because he didn't like it doesn't mean its illegal to wear, or that he committed any crime. Gunner needs to either be benched for the next game or take the high position he has away. i think it could be rational to suspend Gunner, and or even change his position if he wants to promote things like that. I think both of them have a great reason but Gunner should know whats rational and irrational. Theres certain things you just don't do when you have everyone looking up to you. 3. Daniel: I believe that the message on Coy Gunner's shirt is protected under the First and Fourteenth Amendments of the United States Constitution. Gunner was correct about Mr. Campbell's statement that everyone has the right to free speech. The reason I believe that is because the incident did not happen on school property nor was it a school-run event. Gunner was in a public setting and under the First Amendment, he is granted freedom of speech, meaning he can wear whatever he wants and he would be protected by the First Amendment. If this had happened on school property or was a school-run event then it would be a different story and Principal Cuthbert would be within his jurisdiction to then suspend him and the limitations of free speech would be justified. But in this case, Principal Cuthbert is in the wrong. I understand that Principal Cuthbert feels offended because it attacks his Christian principles and beliefs, but because this was a public event, Principal Cuthbert has no right to control what people do around him. This incident did not take place on school property, therefore Principal Cuthbert has no control over students because they are now in a public setting and are protected under the First and Fourteenth Amendments. Question 2: Please solve this case with minimum 300 words. Officers Jones and Henderson are well-respected police officers in the Woodlawn community. They have been recognized, both within the police department and by the community, for their
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