Bethel School District No. 403 V. Fraser Speech Analysis

Oliver Wendell Holmes High School took part in a community wide health fair. The school set up a booth and asked their students to participate. The teachers gave extra credit to the students that attended the health fair, and the student would have to sign in at the schools booth to verify their attendance. Susie Speeker, a student at Oliver Wendell Holmes High School, attended the fair with her family. While at the community wide health fair, Susie held up a sign which stated marijuana should be legalized for compassionate use. A fellow student that attended the same school as Susie took a picture of her holding the sign and published it in the school newspaper. The principal of the school saw the photo and suspended Susie for violating the schools policy by promoting illegal drugs at a school function. Since Susie’s suspension, she claims that she has been harassed by other students and teachers at her school. Susie claims that her grades have dropped which could result in limited college choices. As a result, Susie claims her civil rights under 42 U.S.C § 1983 were violated.

[A student] may express his [or her] opinions, even on controversial subjects…if he [or she] does so without materially and substantially interfering with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others. But conduct by the student, in class or out of it, which for any reason – whether it stems from time, place, or type of behavior – materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional

The first amendment, which is considered the right to freedom of speech, is a misconception to many. Not all citizens, but some, think that because of the first amendment; they can say whatever they want. Although citizens of the United States have the right to freedom of speech, this freedom of speech is viewed differently by others. Which leads to confusion as to what can be said and what cannot be said. Both court cases: Tinker v. Des Moines, and Bethel v. Fraser involved the confusion and misunderstanding of this first amendment.

Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.

He could say whatever he wanted and that would be protected. But the school could also punish him how they saw fit. They also ruled that his due process rights had not been violated because he had no way of knowing whether or not he would be getting in trouble for his actions due to the school's code of conduct not needing to be as detailed as a criminal code of conduct. I believe that in this instance they made the right decision due to the fact that their reasoning makes sense. The first amendment gives citizens the right to say what they wish and have any opinion that they wish. It does not say that it will protect us from the punishments we may receive by voicing these opinions in an inappropriate way. As for his due process rights, he really had no way of knowing what course the school would take in punishing him, therefore no due process rights could be applied because the code of conduct at the school was not detailed enough for it to work in that

Recently, I witnessed a pupil at my setting using inappropriate language during a music lesson, where the class teacher was not present. I took the pupil to one side and bent to their level. I informed the pupil that the language they had used was both inappropriate and unacceptable. I told the pupil that I would be informing the class teacher of the incident and that should it happen again, I would be sending them straight to the head teacher’s office. Another child had overheard the inappropriate language and copied it. I took the same action with the second child, and then separated them, moving one child to the other side of the classroom. After the music lesson, I informed the class teacher of both incidents, who thanked me for my input and said that the pupils would need to be closely monitored for the rest of the day.

Philip Malloy has been suspended from his school for singing the national anthem. Although this story does not sound scrupulous, we don’t know the undivided story, for example students are not allowed to sing during the national anthem “The students are supposed to stand in silence”. (Pg. 44) This is what one of the teachers said at the school Philip goes to, “‘Respect, silence, and attention,’ I think the rules read” (Pg. 44)This was also said by a teacher at the school who was quoting the school handbook. How this proves my thesis is this shows that you are not allowed to sing during the national anthem so Philip was wrong.

In Safford Arizona school on October 8th, officials strip-searched a 13-year-old girl after they received information from another student that the girl possessed "prescription strength" 400 mg ibuprofen and 200mg naproxen. While attending math, assistant principle Kerry Wilson entered the classroom and instructed Savanna Redding's to his office. Upon entering, she immediately noticed her planner placed on his desk. However, what she didn't recognize was the knife, cigarette and lighter that was contained inside it. Admitting the planner was hers, she explained to the assistant principle that she had lent the planner prior to her classmate, Marissa and had NO knowledge of what

A child with disabilities is a major focus in today’s education. Achieving my Bachelors in Special Education, I need to be aware of the need to ensure appropriate education for all children with disabilities. “The education of children with disabilities is a top national priority. Our nation’s special education law, the Individuals with Disabilities Education Act (IDEA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs (National Dissemination)”. This is my biggest challenge. I feel with the right tools and

In 1969, a group of students filed a lawsuit against their school district claiming that their First Amendment rights were violated because the school district wrote a policy that prohibited them from wearing black armbands in a silent protest of the Vietnam War. Tinker v. Des Moines Independent Community School District (1969) ruled that students are entitled to their First Amendment rights as long as they are not causing a disruption to the school environment. This paper outlines the procedure and rulings in the case as well as other legal rulings that have expanded on when censorship of students is protected in public school settings as well as provides a personal reflection on how such matters can impact my future as a school administrator.

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

Perform a search in the University Library databases and locate four school-related court cases (with outcomes decided), two which involve educators as defendants and two which involve students as defendants. Fill in the table below. When you give your informed opinion, state and discuss whether you agree or disagree with the outcome. Base your opinion on legal and ethical standards as discussed in Ch. 9 of the text. If you do not agree with the outcome, explain what would have been just. Base your explanation upon the rights and responsibilities of those involved. Cite your sources in APA format below the table.

James Loudermill was dismissed from his job as a security guard for the Cleveland Board of Education for failing to disclose a prior felony conviction on his application. Loudermill, a classified civil servant under Ohio law, filed an appeal with the civil service commission stating Ohio statue provided he could only be terminated for cause; therefore, he was entitled to administrative review of his dismissal. Nine months after the appeal was filed the Commission upheld his termination. Loudermill filed suit in the District Court for the Northern District of Ohio alleging the Ohio statute that provided for administrative review of a discharged public employee was unconstitutional on its face because it did not provide an opportunity for the employee to respond to the charges against him prior to being discharged. The suit also alleged the Ohio statute was unconstitutional as applied because he was not given a prompt appeal hearing by the Civil Service

The Fourth Amendment states that a search is constitutionally unreasonable unless there is a warrant issued supported by probable cause. The interests in schools are different because they must maintain order and discipline of children and their Fourth Amendment rights must be balanced. One type of search that has arisen lately is the strip search. The Supreme Court had not directly ruled on the constitutionality of strip searches until 2009 with the case of Safford Unified School District v. Redding. This paper will break down the topic of strip searches in public schools into three parts. Part 1 will show how the Supreme Court decisions have defined the rights of school children under the Fourth Amendment. The second part will compare and contrast different court cases that have dealt with strip searches. The third, and final part, will look into responses to the problem and recommendations that schools should use when dealing with strip searches.

According to the April 2012 case of Olson v. The Tukwila School District, under the recreational use immunity state there are three conditions that protect public recreational areas from lawsuits. The three conditions, which are cited under Cregan v. Fourth Mem’l Church (175 Wn 2d 279, 283-84,285 P. 3d 860 (2012)) are: