Statement Of Assignment. You Asked Me To Do Research And

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STATEMENT OF ASSIGNMENT You asked me to do research and write a memo for a prospective client to determine if her rights were violated when she held up a sign at a community fair which led her to suspension. FACT Ms. Speaker is a student at the Oliver Wendell Homes High School, which is located in the South Bay County. The community of the South Bay County was holding a community-wide health fair where the Oliver Wendell Holmes High School was invited to set an information booth because the Oliver Wendell Holmes High School is known for talking to their students about the health issues concerning the use of illegal drugs. During the community-wide health fair, the school administration and teachers encouraged their students to attend and…show more content…
DISCUSSION I. Yes, the Oliver Wendell Holmes High School violated Susie’s First Amendment Freedom of Speech Rights. “Congress shall make no law…abridging the freedom of speech…”U.S. Const. Amend. I. “The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures-Board of Education’s not accepted.” Tinker v. Des Moines Sch. Dist., 393 U.S. 503, 578 (1969). “First Amendment rights, applied in light if the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that both students and teacher shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Id. “… the constitutional rights of students in public school; are not automatically coextensive with the rights of adults in other settings…” Morse v. Frederick, 551 U.S. 939, 582 (2007). A. Susie Speaker’s 1st Amendment rights were violated because she was at a community fair and not a school sponsored event. In Morse v. Frederick, the Court ruled that this was a school sponsored event. Morse, 551 U.S. at 583. Frederick, was at a school event when held a sign that stated “BONG HiTS 4 JESUS” and as a result he was suspended. Id. The Court reasoned the event was sponsored by the principal in whom the teachers and administrators would
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