The Court Of School District

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.

v. Berkeley County Schools (Document C). K.K., who formed a discussion group online that accused a classmate of being sexually promiscuous and was joined by more than 20 other classmates, was suspended from school for 10 days and issued a 90-day “social suspension.” On July 27, 2011, the US Court of Appeals ruled that the punishment was just, stating that the “[connection] of K.K’s speech to [the high school’s teaching] interests was sufficiently strong,” and that school officials are “trustees of the student body’s well-being.” When a speech disrupts the interests of the school – that is, teaching and protecting its students, it is then not protected by the First Amendment, and schools should punish its speaker. Even though the speech was off-campus, the sufficient connection of the speech to the interests of the school means that the school has the right to punish the

Censorship cases often bring about debates over students’ first amendment rights. Students’ first amendment rights are important to preserve so that students can not be excluded from meaningful works or literature. It is understandable for the government to design educational plans as a way to get its voice into classrooms, but “the truth-promoting function of the First Amendment provides no reason, however, to question the right of students to explore a variety of ideas and perspectives, and to form and express ideas of their own” (Brown, 1994, p. 30). Schools already place a restriction on religious material or material addressing current political controversy (Brown, 1994).

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.

The following cases are utilized: Pickering v. Board of Education, Mt. Healthy City School District v. Doyle, Connick v. Myers, Hazelwood v. Kuhlmeir, and Garcetti v. Ceballos. The case, Pickering v. Board of Education, the Supreme Court acknowledged teachers have the right to voice personal views as they relate to issues of public concern (Cambron-McCabe, McCathy & Eckes, 2014). More specifically, “The Pickering case is one of the most influential court cases concerned with the balancing of teacher’s First Amendment right to freedom of expression against the state’s interest in promoting efficient schools” (DeMitchell & DeMitchell, 1990, p 385). If a teachers voices personal views that are damaging to coworkers, school procedures, ones’ occupational performance, and does not directly relate to public concerns there will be grounds for disciplinary actions (Cambron-McCabe, McCathy & Eckes, 2014). This constitutional rights stands both inside and outside of the classroom, as educators can utilize various methods of communication, such as social media, written artifacts, visual relics, and expressive language. In the case, Hazelwood v Kuhlmeier, a teacher’s personal opinion can be expressed within the contours of a classroom when applicable to pedagogical reasons. More specifically, “Reasoning that the teachers was speaking for the school, the court concluded that teachers are not entitled to express views in the classroom that are counter to the adopted curriculum” (Cambron-McCabe, McCathy & Eckes, 2014, p. 242). If the topic discussed within the classroom is controversial in nature it must be censored, thus deeming appropriate to a youthful audience. In conclusion, it is imperative for educators to ‘think before they speak,’ as their actions can have detrimental impacts on key stakeholders as well as their

Cases that involve the First Amendment in school systems have always been around but the issue of finding a balance with these freedoms is

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.

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

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’

Justice Hugo L. Black argued against and gave a dissenting opinion from the majority. He argued the school had a right to maintain order and those armbands distracted students from schoolwork, ultimately detracting the abilities of school officials to perform duties. Additionally, concurring opinions arose from Justice Potter Stewart and Justice Byron R. White. Potter argued that students are not necessarily guaranteed the full extent of the First Amendment rights, and White argued that distinction between communicated words and communicated actions are what drives the majority opinion (“Tinker v. Des Moines Independent Community School District:”). In the “Tinker v. Des Moines School District” article it is written that Justice Abe Fortas famously wrote that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” giving way to students’ First Amendment rights in the school place (“Tinker v. Des Moines School District:”). In order for a student to lose such right, the school district would now have to prove this act interfered with other students, an issue that begins to surface throughout the remaining 20th

Facts: Safford Unified School District and April Redding, The dispute of this case is when Savannah’s privacy became violated when Safford School District stripped search her and revealed some private areas and her upper chest area. It got to the Supreme Court, when the district court reward a motion, then the Ninth circuit court reversed the ruling on the strip search because it was unconstitutional for them to strip search Savannah the second time.., The Supreme Court used New Jersey VS. T.L.O in the process of helping in the decision because in that case it was school officials searching a girls pursue because they had reasonable doubt that she was carrying cigs and had a list of the people that owed

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

This article discusses Jane Doe, a Texas high school girl sexually molested by a high school teacher. Jane Doe filed a civil suit against Taylor independent School District. The reasons were, the school board permitted violations of due process and violated her equal protection rights. Jane thoroughly established her constitutional rights and proceeded with her claim. The teacher violated the fourteenth amendment to be free from sexual abuse by a state employed teacher. The court ruled in favor of Doe, stating that there was no action taken in order to prevent the violation of her rights. This case impressed me, it was very interesting. I believe that the teacher violated the student rights and the school failed to properly respond to the claims of molestation. I was also shocked that the school district was not proactive toward Doe needs.

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.

COURT: Argued in the U.S. Supreme Court on February 28, 2001 and decided on June 11, 2001