Violation Of Civil Rights And Freedom Of Speech

Levine, M. D. (1984). Reshelving the First Amendment: Board of Education, Island Trees Union Free School District No. 26 v. PICO. Loyola of Los Angeles Law Review, 17,

[The educator] Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly:

Doe v. Big Walnut Local School Dist. Bd. of Educ., 837 F. Supp. 2d 742

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 writing the majority opinion, Chief Justice Roberts took note that the Tinker v. Des Moines (1969) ruling decided that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." However, the Chief Justice also relied upon the precedent set forth in Bethel v. Fraser, 478 U.S. 675, 682 (1986) which explained how "the constitutional rights of students at public school are not automatically, coextensive with the rights of adults." Additionally, the rights of students are applied "in light of the special characteristics of the school environment," according to the U.S. Supreme Court in Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 266 (1988). The special circumstances in Morse v. Frederick were first that the school has a policy that specifically forbids advocating illegal drug use due to the risks it imposes on other students, and second that principal Morse was forced to decide in the moment whether or not she should act.

Freddie Watts and Jimmy Brothers were put in a very tough and uncomfortable situation, as principle and vice principal, when Ann Griffin made a racial comment. Watts and Brothers administered a primarily African American school. Ann Griffin is a Caucasian teacher who made a racial remark to the principle, Freddie Watts, and vice principal, Jimmy Brothers, of the school she was administered to. She stated that she, “hated all black folks.” This required them to question her ability to perform her job correctly without having a racial bias towards black students. A decision must be made regarding her removal. Ann Griffin does have the right to free speech however, discrimination could also effect her students in a negative way.

4) Facts: Since the verdict made by the Supreme Court on the Brown v. Board of Education case, little enactment was made in the Charlotte-Mecklenburg, North Carolina’s school structure. There are 107 schools altogether, in which the student population is 84000. Within the structure, there are 21 schools in which 14000 African Americans attend that are 99% of their race only. The rest of the African American students, about 10000 students, attend integrated school. In this case, the plaintiff, Swann, had come forth to bring the board of education to the court. It all started when Dr. Darius Swann, professor at Johnson C. Smith University, wanted to enroll his child to an almost all white school closer to his home, which he was rejected.

In 1974, Dwight Lopez and eight students were suspended for 10 days on behalf of destroying school property and disrupting the learning environment at Central High School in Columbus, Ohio. Lopez testified he was a bystander and he was innocent. In addition, Lopez testified approximately 75 other students were suspended as well. Lopez claimed his suspension without a hearing violated his Fourteenth Amendment right to due process. During this action, the principals did not perform hearings for none of the affected students before ordering the suspensions. Due to the students not given a hearing, the principals’ actions were challenged and a class-action suit was filed asking for declaratory and injunctive

Susan, a young teenager, wanted to attend a better equipped school closer to her family home. This wish, combined with her father’s civil rights involvement, contributed to her family’s decision to file a court case to gain access to an all white school to which she had originally been denied access. The Iowa Supreme Court’s decision regarding Clark versus Board of Directors was the first successful school desegregation case in the United States.

Fred Doyle, a licensed educator, taught for Mount Healthy City Schools from 1966 to 1971. Fred Doyle was an educator that had numerous altercations with faculty and students while teaching for Mount Healthy City Schools. The altercations included verbal arguments resulting in Doyle being assaulted, verbally referring to students with offensive language, making indecent gestures to students, and sharing a dress code memo cited from Doyle’s administrator on an on-air radio station. Soon after the on-air radio news, Doyle learned that the Board approved the Superintendent of Mount Healthy City Schools recommendation of not renewing his teaching contract. The explanation was due to the “ lack of tact in handling professional matters” in reference to the indecent gestures and the on-air radio show incidents. Doyle brought suit to the Mount Healthy City Board of Education to be rehired and granted punitive damages due to the violation of his rights under the First and Fourteenth Amendments.

Citation: Hazelwood School District v. Kuhlmeier. United States Court of Appeals, Eight Circuit, 1986 795 F2.d 1368, cert. granted, Supreme Court of the United States, Eighth Circuit, 484 U.S. 260 (1988)

Kelley v. Indep. Sch. Dist. No. 12 was a 2003 wrongful termination case heard by the 10th circuit of the United States Court of Appeals. The issue at hand was if the plaintiff’s 14th amendment procedural due process rights had been violated when he was employment terminated by the defendant school district. The school district had relieved the plaintiff from his position as the school’s head football and wrestling coach after the plaintiff had been ejected from a football game he had been coaching. The plaintiff’s had argued that the school district had violated the coach’s constitutionally granted due process rights by not giving the coach 30-days notice of termination or a post-termination hearing to explain himself. The district court ultimately

The story of school desegregation in the United States started with a civil action lawsuit raised in the first district court of Kanas on June 10, 1951. Mr. Oliver Brown brought his complaint to the Board of Education of Topeka. The complaint was simple, “[the] plaintiffs were being deprived of the equal protection

In 2015, Presidential candidate Donald Trump proposed that he would consider shutting down mosques in the United States. Now being president, he created an executive order mandating the closure of all mosques which is a violation of The First Amendment of the Constitution which states that the “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The plaintiff, Brian Seamons and his family brought suit against the defendant Coach Snow claiming violations of his rights under Title IX and violations of his constitutional rights to procedural due process, substantive due process, freedom from association, freedom of speech, and equal protection. The district court granted the defendant’s motion to dismiss all of Seamons claims. Seamons appealed to the court and the court affirmed the dismissal of all claims except his free speech claim. The defendants then moved for summary judgment and during that hearing