Elk Grove Unified School District V. Newdew Case Analysis

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.

Assuming that the school district was not justified in its actions, does Susie have a claim under 42 U.S.C. § 1983?

1) The primary individuals involved the Roslyn fraud were former assistant superintendent for business and finance Pamela Gluckin and Former superintendent Frank Tassone. Also the former accounting clerk Debra Rigano was charged with the fraud too.

The US Supreme Court decision in Domokos v. Board of Education is an example of how the court defined an athletic director as a public figure. During the late 1970s and early 1980s, appellant Frank Domokos was the athletic director at Mentor high school. Through his tenure, the school was responsible for hosting the OHSAA postseason scholastic athletic competition whereby Frank Domoskos was appointed by OHSAA as tournament director for the girl’s basketball team and the boy’s wrestling team. In accordance with his duties as tournament director, Domokos opened two bank accounts, one for the wrestling team and one for the basketball team. However, the accounts weren’t used for any Mentor high school activities. Rather, Domokos mixed tournament money with

These errors may have been as a result of SRO being new and not being familiar with school protocol. Also, according to the established due process requirements from Goss v. Lopez (1975), since Truant continued to deny the charges, he should have been able to explain the evidence and given the opportunity to present his version of the events. He was given the opportunity to explain what happened in class, but not for testing positive on the drug test. By his statement it is not clear if he was told that he tested positive for amphetamines. If he does have a diagnosis of ADHD and taking medication, that would explain the positive result of the urine sample. But, since this conversation has not taken place with his parents, this issue remains in question. Since he did indeed test positive this is in violation of Offense #3 (Narcotics, Alcoholic Beverages, and Stimulant Drugs – A student shall not be under the influence of any

Bethel School District v. Fraser 478 U.S. 675, involved the Bethel School District and a student named Matthew Fraser. The case dealt with freedom of speech in public schools. During a student government speech Fraser used inappropriate language that included sexual innuendos in order to nominate a fellow classmate. The speech created a rowdy audience of over 600 students. Fraser argued that the school violated his First Amendment rights when they suspended him for his endorsement of a fellow classmate. After being tried and appealed in the Ninth Circuit in 1984, the case found it’s was to the United States Supreme Court in 1986. The U.S. Supreme Court reversed the Court of Appeals decision and ruled that school officials did NOT violate Fraser’s

In the case of Board of Education of Westside Community Schools v. Mergens, several students in January of 1990 sued the school board alleging that Westside's refusal to allow the students to start a Christian club violated the Equal Access Act. Some students wanted to form this club and be given the same privileges and meeting terms as other after-school schools in this district. The administration initially denied the request, and the school board upheld the administration's decision. The Court of Appeals found in favor of the students in June of 1990.

In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.

The Santa Fe Independent School District v. Doe stated that student-led/ student-initiated prayer at high school football games violated the establishment clause of the first amendment. The Baptist religion was promoted in the Santa Fe Independent School District in Texas, which is located between Galveston and Houston. A teacher handed out flyers for a “revival meeting” which involved reading the bible and other Catholic things. They offered prayer up to God at graduations, assemblies, and football games. One mormon student and mother filed suit against the school district. Also, one catholic student and mother filed suit against the school district. Their lawsuit involved that the Establishment Clause was violated many times. They did not

In 1995, Doe v. Duncanville Independent School District centered around a female student-athlete and her unwillingness to participate in prayer activity. She claimed her refusal to engage in team sponsored worship subjected her to ridicule from teammates, peers, and spectators. The Supreme Court ruled that the school district had failed the Lemon Test by endorsing religion through employee-led prayer, which is a direct violation of the Establishment Clause (Lee, 2005). As a result, “school officials, administrators, and employees were prohibited from initiating, leading, sponsoring, or promoting prayer at athletic events, or using the public address system for similar purposes” (Willett, 2014). This may not have been the popular decision, but

The topic I’ll be discussing will be the biasedness in media about a particular topic, the US Supreme Court’s decision on the case of Alexander vs. Holmes County Board of Education. The case involved a previous Supreme Court ruling of Brown vs. Board of Education, where they gave schools to desegregate public schools “with all deliberate speed.” 15 years passed and school districts were still segregated, so the courts gave them till the beginning of the next year, 1970. This gave some schools a very abrupt shock as they had to conform to the decision. As something that opinionated, it allows news media to explore and write about such a topic.

In the case of Tinker v. Des Moines Independent Community School District, two Supreme Court justices, Abe Fortas and Hugo Black, give their testimony through writing, in which, Fortas agues in favor of the students and gives valid evidence in order to prove his case. However, Black, while he leans in favor of the schools focuses mainly on his opinion that the decision should be left to the school officials and not the courts.

(Harrison, Maureen. Gilbert, Steve. Landmark Decisions of the United States Supreme Court II.) The public schools systems are not trying to offend anyone. They are trying to uphold the system of educating American students. The views of a few people should not influence the greater good of the Pledge of Allegiance. It has been recited for many years and for many years people have fought against it. People are not fighting against the statement “In God We Trust” that is imprinted on each and every coin in the United States. There is no need to change the Pledge it is there for Americans to recite to show their appreciation to a grateful nation and as a way of saluting the American Flag. Mudhillun Muqaribu wrote a letter to the editor of the New York Times titled God and the Pledge: My Brother’s Quest. Mudhillun writes that he is a Muslim who grew up in America. When he was younger, other students made it clear to him and his siblings that “Under God” in the Pledge of Allegiance did not apply to them. He says that he began sitting out of the Pledge in the sixth grade. The main point of his letter was to applaud Michael Newdow for upholding religious diversity in America. (Muqaribu, Mudhillun. Letter. New York Times). Mudhillun was not persecuted by anyone for his decision in sitting out in the Pledge; it was his decision and he was respected for that. Michael Newdow and the others who argue against “Under God” in the Pledge have the right

I researched the Friedrichs vs California Teachers Assn case which proposes to be a game

In the book God on Trial, Peter Irons tells the stories of five cases of certain situations where the fine line between church and state may or may not have been crossed. Irons was also able to provide the different prospective of the cases. Michael Newdow a man who wanted equality for religion, and Bill Lugg a man who supported “under God” and saw it as patriotism. Both these men came from different walks of life and have very different opinions. With diversity of religion constantly growing among people in America, it is easy to why someone would take offense while reciting the pledge of allegiance. “One Nation, Under God”, the pledge of allegiance case from Elk Grove, California is the case that has stood out as one of the significant