TO: Regina Stone-Harris
FROM: Robert Derner
DATE: January 21, 2017
RE: Michael Naranjo File
QUESTION PRESENTED: Did our client, Nero Unified School District violate Michael Naranjo’s right to free speech?
BRIEF ANSWER: Our client did not violate Michael’s right to free speech. Since his speech was directed towards the school community and was brought to campus, there is a sufficient nexus to justify the regulation of Michael’s speech.
FACTS: Nero High School student Michael Naranjo made a Facebook page entitled “Nero is Anti-Gay,” to protest the recent hiring of a teacher who authors an anti-LGBT blog. Membership of the page consists wholly of Nero students who have posted drawings and comments on the webpage. While the page was created
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478 U.S. 675, 683 (1986). In Hazelwood School District v. Kuhlmeier, the Court found that schools may restrict school-sponsored speech when the regulation is done in line with the school’s educational mission. 484 U.S. 260, 273 (1988). In the latest student speech decision, Morse v. Frederick, the Court found that a student may be disciplined for speech outside of the schoolhouse gate, at a school-endorsed function for speech promoting the use of illegal drugs. 551 U.S. 393, 397 (2007). Without a bright-line ruling from the Supreme Court, the circuits split on whether Tinker and its progeny are applicable to off-campus speech. Thomas v. Bd. of Educ., Granville Cent. Sch. Dist., 607 F.2d 1043, 1053 (2d Cir. 1979)(finding school authorities may not discipline students for satirical speech done outside of school); Boucher v. Sch. Bd. of Greenfield, 134 F.3d 821, 829 (7th Cir. 1998)(finding that the relevant test of applying Tinker is whether administrators believe the speech will disrupt school activities). Although circuits split on Tinker’s applicability to off-campus speech, the Fourth, Fifth and Ninth Circuits have determined Tinker does apply to such speech. The Fourth and Fifth Circuits have utilized an intent-based test, asserting that schools can restrict off-campus speech meant to reach the schoolhouse gate. Kowalski v. Berkeley Cty. Sch., 652 F.3d 56, 571-74 (4th Cir. 2011); Bell v. Itawamba Cty. Sch. Bd., 799 F.3d 379,
Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline
John Wayne Gacy was convicted on the murder of 33 teenage boys between 1972 and 1978. These murders took place in Cook County, Illinois; all inside of John Gacy’s home. The city of Chicago, Illinois, during this time was very violent, with crimes happening regularly; this played out well for Gacy. Twenty victims have been identified, while thirteen victims still remain unidentified. All of John Gacy’s victims were teenage boys, all dying due to strangulation, except for his first victim who was stabbed to death.
The court concluded that school officials are not in violation of a offending a student’s First Amendment Rights if they stop the student from expressing views that the officials feel promotes the use of drugs.
The decision in this case seems to have left public school students’ free speech rights in an ambiguous state. The Justices in support of the majority opinion—Justices Thomas, Alito, Kennedy, and Scalia—were thus
In closing, Justice Abe Fortas and Justice Hugo Black both give valid testimony for their side of the argument; however, Fortas’ profusion of cited evidence outweighs Black’s mainly opinionated case. And even though this may seem like just another court case to be cited one day, it can go a long way in protecting students’
In 1969, three young activists walked into school and were told they could not symbolically express themselves. Without these teens carrying out this simple act of rebellion, students today would lack basic rights in the school place, as they would have no outlet outside of the home to express their views. In order to understand Tinker v. Des Moines Independent School District one must examine the history behind the case, analyze the case itself, and evaluate the impacts on modern society.
In the history of the Supreme Court, there have been many First Amendment cases that outline if exercises of free speech and expression are constitutional or unconstitutional. One of the most paramount 1st amendment cases is that of Tinker v. Des Moines Independent Community School District (1969). This significant case helped shape the extension of symbolic speech, as well as ensure the freedom of speech and expression to students in schools.
Issue: “Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?”
The 1960’s was the height of many civil rights and anti-war protests. During this time, student activist became more radical. It began mostly on college campuses when students would organize “teach-ins” to express their opposition to the Vietnam War. In 1969, the Supreme Court issued a ruling in a case called Tinker v. Des Moines. This case changed the history of America because it gave students freedom to voice their opinions. In the case of Tinker v. Des Moines, the question of whether or not the First Amendment’s free speech rights extend to students’ symbolic speech can be analyzed by examining the background, considering the arguments, and reviewing the impact.
Figurative language is used to make literature and poetry more interesting. Authors use figurative language to spice up their writing so ideas can be expressed with a new and exciting approach. Figurative language can and should be applied in our creative writing. It allows us and the reader to have fun in the process!
This document supports limiting online student speech because the court ruled that even though it happened out of school, the school’s reason was strong enough to justify their actions toward K.K.
Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom
The subject of student rights has caused a lot of confusion and anger for decades now. There are two different sides that everyone seems to fall into. Some people want the constitutional rights of students to be fully protected within the school. The other side believes that, as a public institution, schools should regulate what is said or done by students to protect everyone involved. This is where it gets confusing, because it is hard to draw the line between what is allowed or not. The three most interesting topics that I chose to cover are a student’s right to free speech, religion within the school and student privacy.
Despite their opinions, free speech was a great way in this situation for students to rally together and publically inform the rest of campus of their beliefs. In the school newspaper, The Daily Emerald, CJ Ciaramelle wrote “About 300 students from across the campus community — student unions, Greek Life, the ASUO, the Survival Center, the Women’s Center — showed up at the meeting to protest the Forum” (1). Although the majority of people protested against the forum the right to free speech, it is important because it allows students to make decisions on their own and invite students to do the same.
Throughout the world, the presence of particular diseases and other threats to human health depend largely on the local climate. Extreme variation in temperature can directly, and indirectly, cause the loss of human life. The threat of a gradual increase in temperature could be catastrophic to the world, as we know it. In 1999, a heat wave killed more than 250 people in Chicago alone (Union of Concerned Scientists). Many consider such an event as a natural disaster. However, scientists warn the average global temperature has increase 0.5 ° F in the past 40 years. This is half of the total increase in surface temperature, 1°F, since the late 19th century. At its current rate, the global