EDUC240 Exam 2
Shelton v Tucker
(1960) This case held unconstitutional an Arkansas stature with required every teacher, as a condition to employment in a state-supported school or college, to file annually an affidavit listing without limitation every organization to which he has belonged or regularly contributed within the preceding five years. There can be no doubt that Arkansas has the right to investigate the competence and fitness of those whose it hires to teach in its schools. However, to compel a teacher to disclose his every associational tie is to impair that teacher's right of association. The statue doe not requite the information be kept confidential nor is the stature limited in any way. Thus, the unlimited and indiscriminate sweep of the statue brings it within the ban of prior cases. The statute's comprehensive interference with associational freedom goes far beyond what might be justified in the exercise of the states legitimate inquiry into the fitness and competency of its teachers.
Epperson
(1968) - law passed to stop teaching Evolution - Epperson sued because it violated her freedom of speech and 14th amendment court and violate Establishment Clause - Schempp Test- purpose prong - stopped teaching Evolution because it disagreed with their understanding of evolution - wanted to protect their religious understanding of the bible with this scientific theory - if a state wants to ban a teaching it is difficult to pass because of 1st amendment - school board of where she was, mandated the textbook she used, unknown to school board who didn't check the books, HAD EVOLUTION IN IT - school board required her to teach evolution but the state was banning it
Pickering v BOE
(1968) Marvin L. Pickering, appellant and a teacher in school district, wrote a letter criticizing the school board's handling of financial resources between the school's educational and athletic programs. Pickering wins 8-1 - The dismissal of a public school teacher for public statements regarding issues of public importance, without showing that his statements were knowingly or recklessly false, violates the 1st Amendment. Pickering Balance established
Tinker
(1969) Student do not lose constitutional rights at "school house gate" "Symbolic Speech" = Black Arm Bands - They have a clear, communicative message. Tinker wins 7-2 - In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school. In this case, the school district's actions evidently stemmed from a fear of possible disruption, rather than any action disruption. - Black Dissent: The First Amendment does not provide the right to express any opinion at any time. Because the appearance of the armbands distracted students from their work, they distracted from the ability of the school officials to perform their duties, so the school district was well within its rights to discipline the students. Creates the Tinker Test
Grayned
(1972) Grayned participated in a demonstration that allegedly violated the City of Rockford's anti-picketing and anti-noise ordinances: - Demonstration dealt with racial equality in education -Noisy demonstration caused hundreds of students to jump up from their desks and line up at the windows to watch, Grayned's conviction under the anti-picketing ordinance was reversed, while his conviction under the anti-noise ordinance was upheld. Although the Court upheld the anti-noise ordinance, it gave a ringing endorsement to the right of access to "a public forum," affirming that citizens have a board right to freely express their political views in a variety of places.
Ambush v Norwick
(1979) Two resident aliens who had resided in the US for many years and were married to US citizens. - Both were eligible for citizenship, but has refused to apply. -Both had applied for certification as public school teachers in the state of New York, but New York law prohibited the certification of non- citizen teachers who has not sought citizenship. Ambach (not the teachers) wins 5-4 - States are justified in barring aliens for employment in certain positions within the government - Teachers especially have "an obligation to promote civic virtues and understanding in their classes, regardless of the subject taught." --This statue only affected non-citizens who did not want to seek citizenship.
Bethel v Fraser
(1986) Lewd speech given by a student at a school assembly. Bethel School District wins 7-2 - A "win" for "in loco parentis" School can now restrict "vulgar and age-inappropriate" speech - The court found that it was appropriate for the school to prohibit the use of vulgar and offensive language since such discourse was inconsistent with the "fundamental values of public school education"
Edwards
(1987) - Louisiana VS Edwards - prohibited theory of evolution in schools unless creation theory is also taught- Balance Treatment Act (if you teach evolution you must also teach creationism) - violated the Establishment Clause - 7-2 act constituted infringement of Establishment Clause, Lemon Test - lacks clear secular purpose Scalia Dissent - acts purpose of protecting academic freedom was legit and secular
Hazelwood
(1988) - A "win" for "in loco parentis" Schools are able to set high standards for students speech' they have a right to refuse to sponsor speech that is "inconsistent with ' the shared values of a civilized social order'." - Must be "reasonably related to legitimate pedagogical concerns" to restrict speech at school-sponsored activities.
Kitzmiller
(2005) - NOT A US SUPREME COURT CASE - alternative to Evolution theory - required textbook Panda's and People- all about Intelligent Design - person did research on textbook, first editions were called "Creationism" - literally did a global search and replace Creationism with Intelligence Design - STATE MAKES THEM TEACH EVOLUTION - BOE is trying to get around it - Intelligent design is a form of Creationism - did the school board violate the establishment clause or the first amendment - Intelligent Design- watch maker view, you can see its purpose so intricate, you know watches exist because of a watch maker, God is a Intelligent Design Maker, we are too intricate to be explained without God - people couldn't see that random mutations that lead to what currently is so they decided it was God - Creationism is very closely used with Genesis in the bible - Intelligent Design could be anything, Space Aliens, or Unicorns, agnostic about the exact- more broad - Evolution is not just a theory - purpose for Intelligence Design turned out to be a religious and not secular
Morse
(2007) "Bong Hits 4 Jesus" Banner -Was Frederick "at school" that day? - Was this a school- sponsored event? - Is "Bong Hits 4 Jesus" actually speech? Morse Wins 5-4 - School officials can prohibit students from displaying messages that promote illegal drug use (age-inappropriate speech) -While students do have some right to political speech, event while in school, this right does not extend to pro-drug messages that undermine the school's mission to discourage drug use. Thomas Concurrence: The right to free speech does not apply to students, and his wist to see "Tinker overturned altogether" Alito Concurrence: Stressed that the decision applied only to pro-drug messages. Briar Dissent: it has no meaning and is nonsense it should not count as speech even though it is made of words
Atkas
(2009) - girls in school wearing head scarfs, men in turbans - breach of french law that people were wearing signs of their religious faith interrupts their lessons - women put on bonnets, which they were suspended - parents sued and court rejected this but school won because it was distracting to the students
SAS v France
(2009) a case brought for the European Court of Human Rights which ruled that the French ban on face covering did not violate European Convention on Human Rights's (ECHR) provisions on right to privacy or freedom of religion, nor other invoked provisions.
Friedrich v CTA
(2016) - in control of conditions for teachers - Friedrich is a 3rd grade teacher, wants the choice to join or not - never issued a statement - split decision and no further discussion 4-4 - Death of Justice saves the union - under collective bargaining situations with unions- unions insist that we can't require they join the union (free speech) but they can agency shop can require that non union members pay dues to support the contract negotiation bargaining that has to do with their union too - NOT TOO DEEPLY INTO THIS NO UNION TERMONOLOGY - know concept of union members having to pay
Tinker test
(a) a substantial disruption of the school environment (b) an invasion of the rights of others
Free speech guidelines
(on canvas)
Bethel v. Fraser (1986)
-Bethel High School -School assembly of 600 students -Matthew Fraser made a speech and used what some believed was a graphic sexual metaphor to promote the candidacy of his friend. -He was suspended from school for two days. -Court found that it was appropriate for the school to prohibit the use of vulgar/offensive language. -Concluded that the 1st Amendment did not prohibit schools from prohibiting vulgar and lewd speech.
Pico v. Island Trees (1982)
-Board ordered that certain books be removed from the district's junior high and high school libraries. -They said the books were anti-American, anti-Christian, anti-Semitic, and just plain filthy. -Steven Pico bought suit to challenge the Board's decision to remove the books. -The Board won, but the US Court of Appeals for the second circuit reversed.
Due Process (corporal punishment context)
-Ex: Ingraham vs. Wright -the Due Process Clause of the 14th Amendment does not require notice and hearing prior to imposition of corporal punishment, as that practice is authorized and limited by the common law.
Hazelwood v. Kuhlmeier (1988)
-Hazelwood East High School (Missouri) -In 1983, the principal, Reynolds, saw the proofs of the school newspaper which were edited by students. -He found two of the articles inappropriate and ordered that the pages be withheld from publication. -Cathy Kuhlmeier and 2 other students brought the case to court. -5 to 3 decision in favor of the principal. -Said that the 1st Amendment did not require schools to promote particular types of student speech.
Public forum
-Is a place that has, by tradition or practice, been held out for general use by the public for speech-related purposes. -To determine which of the standards of student expression applies in a given case, many courts first conduct a "public forum analysis."
Free Speech Clause (1st Amendment)
-James Madison -Valued by most people as a God given right that is so important, that it must be guaranteed by the government.
Pickering v. BOE (1968)
-Marvin Pickering (teacher) wrote a letter to the District's editor in response to the material from the Teacher's Organization and the Superintendent. -The letter attacked the Board's handling of the 1961 bond proposals.
Tinker v. Des Moines (1969)
-Mary Beth Tinker and siblings decided to wear black armbands to school in protest of the Vietnam War and supporting the Christmas Truce called for by Robert F. Kennedy. -Principals of Des Moines schools called a policy that children wearing an armband would be asked to remove it immediately. -Violating students would be suspended. -Court ruled a 7-2 decision, claiming that the 1st Amendment applied to public schools. -It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
School's Educational Mission (Morse)
-Mission statement -a formal summary of the aims and values of a company, organization, or individual.
J.S. v. Blue Mountain (2011)
-Not a Supreme Court Case -A middle school students, J.S., was suspended for ten days for creating a parody profile of her principal on MySpace -The parody profile was created outside of school. -Was the speech in question protected by the 1st Amendment? Had the website disrupted the school environment? -J.S. Wins -The school violated J.S.'s First Amendment free speech rights. -"The Bethel v. Fraser decision did not give the Blue Mountain School District the authority to punish J.S. for her off-campus speech."
Doninger v. Neihoff (2011)
-Not a Supreme Court Case -Doninger was barred from the student government after she called the superintendent and other school officials "dbags." -Done so in a LiveJournal blog post that was written while off-campus -Pertained to the cancellation of a "Battle of the Bands" event -Niehoff (the school) wins -The school district is allowed to regulate off-campus speech when a student's speech "foreseeably created a risk of substantial disruption within the school environment. -Classified as "disruptive" because it called on members of the community to complain to the school district about the cancelation of the "Battle of the Bands."
Layshock v. Hermitage School District (2011)
-Not a Supreme Court Case -Justin Layshock created a "parody profile" of his high school principal, during non-school hours, at his grandmother's house. -In addition to a ten-day, out-of-school suspension, Layshock's punishment consisted of being placed in an Alternative Education Program for the remainder of the school year, being banned from all extracurricular activities, and he was not allowed to participate in his graduation ceremony. -Layshock wins -The school violated Layshock's 1st Amendment free speech rights, used Tinker Test -No evidence of a "substantial disruption of the school environment
Kowalski (2011)
-Not a Supreme Court Case -Kowalski suspended by her high school because of remarks she made about another student on a MySpace discussion page. -"Students Against Sluts Herpes" or "Students Against Shay's Herpes" -She was also banned form attending school events in which she was not a direct participant; was removed form the cheerleading team; and banned from crowning the next "Queen of Charm" -This occurred while she was in her own home, on her own computer -Ruled that suspension was constitutional because Kowalski "used the internet to orchestrate a targeted attack on a classmate, and did so in a manner that was sufficiently connected to the school environment.:" -Only "invited high school students to the MySpace Page -It was foreseeable that the effects of the "off-campus conduct" would reach the school; and that it would create a substantial disruption at the school.
BOE Pottawatomie v. Earls (2002)
-Oklahoma -School district requires all middle and high school students to consent to urinalysis testing for drugs in order to be in any extracurricular activity. -Two high school students alleged that the policy violates the 4th Amendment. -5 to 4 decision for school district. -Constitutional because the policy reasonably serves the school district's interest in detecting and preventing drug use among its students.
Cell Phone Searches (Riley)
-Police need warrant to search cell phones.
Content Neutrality
-Refers generally to publications that are without bias, representing all views fairly. -In the context of free speech law, U.S. Supreme Court cases have based the outcome in some free speech cases largely on whether the law restricting free speech was content based or content neutral.
In loco parentis
-Refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. -It allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students' civil liberties. -This doctrine can provide a non-biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent.
Hearing
-Resemble trials in that they ordinarily are held publicly and involve opposing parties. -They differ from trials in that they feature more relaxed standards of evidence and procedure, and take place in a variety of settings before a broader range of authorities (judges, examiners, and lawmakers). -Hearings fall into three broad categories: judicial, administrative, and legislative.
Grayned v. City of Rockford (1972)
-Richard Grayned claimed he should not have been convicted for his participation in a demonstration that allegedly violated the city of Rockford's anti-picketing and antinoise ordinances because the ordinances were over-broad and should be struck down. -Decision stated that the anti-picketing ordinance was overbroad and was invalid. -Also, Grayned's conviction under the anti-picketing ordinance was reversed, while his conviction under the antinoise ordinance was upheld.
Conduct v. Speech
-Some forms of conduct can be classified as speech. -The Court has been willing to use the 1st Amendment to protect speech even when that speech comes in the form of expressive conduct—so long as it is designed to communicate the same kind of point of view as a political tract or newspaper headline or stump speech from the courthouse steps.
Ingraham v. Wright (1977)
-Supreme Court case -James Ingraham, age 14 -Taken to principal's office and was spanked with a paddle by Wright (the principal). -Suffered from a hematoma, so his parents sued the school, calling it "cruel and unusual punishment." -Court held that the Constitution's prohibition against cruel punishment does not apply to the corporal punishment of children in public schools.
Riley v. California (2014)
-Supreme Court case -Unanimously held that the warrantless search and seizure of digital contents of a cell phone during arrest is unconstitutional. -David Riley was pulled over in 2009 for expired tags. The officer also found that he was driving with an expired driver's license. -Found handguns which were earlier related to a gangland murder.
Ambach v. Norwick (1979)
-Susan Norwick and Tarja Dachinger were foreigns who lived in the US and were married to US citizens, but didn't have their legal citizenship. -Both applied for certification as school teachers in New York, but were denied. So they took it to court. -Court ruled in a 5 to 4 opinion of them, stating that the statute was "overbroad."
Age Inappropriate Speech (Fraser)
-The 1st Amendment does not prohibit schools from prohibiting vulgar and lewd speech. -Court finds it appropriate for schools to suspend students if they are using hateful and vulgar language in a speech.
Capital Punishment for Juveniles (Roper)
-The Court decided that it was unconstitutional to execute people who were under the age of 18. -Also said that the teenagers' inexperience, less education, and less intelligence makes them less able to evaluate the consequences of his or her conduct.
Pickering Balance Test
-The Pickering Test is applied in balancing the interests of a public employer with its employees' right to Free Speech and requires the court's consideration of the following: 1. Did the individual demonstrate that his or her speech address a matter or matters of public interest and concern? 2. Did the individual demonstrate that his or her speech was a significant or motivating factor in the employer's decision? 3. Did the court balance the interests of the individual commenting on matters of public concern as a citizen and the public employer's interest in "promoting the efficiency of public service?"
Matter of public concern
-The Supreme Court has established that speech touches on a matter of public concern when the public employee's speech deals with matters of political, social, or other concerns to the community. -Some courts will apply the so-called Pickering-Connick analysis, or citizen-employee test, to determine the degree of First Amendment protection that should be assigned to a particular teacher's speech. - If the court determines the public employee is speaking more as a citizen, the court considers the speech to be on a matter of public concern. If the court determines that the employee is speaking more as an employee, the court finds that the speech is a personal employment grievance or private speech.
Strip Search (Safford)
-There has to be reasons to strip search someone, can't just do it if you suspect something. -School searches need to require reasonable suspicion and probable cause.
Tinker Test
-Tinker v. Des Moines School District -Black armbands -This ruling means school officials may not silence student expression just because they dislike it. They must reasonably forecast, based on evidence and not on an "undifferentiated fear or apprehension of disturbance," that the student expression would lead to either (a) a substantial disruption of the school environment, or (b) an invasion of the rights of others. -Did the speech or expression of the student "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school?"
Teacher citizenship (Ambach)
-Training to become a teacher -Need to be a citizen of the US
Proportionality: invasiveness/seriousness (of object of search)
-Used as a criterion of fairness and justice in statutory interpretation processes as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. -Within criminal law, it is used to convey the idea that the punishment of an offender should fit the crime.
Due Process (5th and 14th Amendment)
-is the legal requirement that the state must respect all legal rights that are owed to a person. -balances the power of law of the land and protects the individual person from it.
Cyberbullying
-is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. -Shay N. from the Kowalski case, was said to have herpes. If she did or did not have herpes, she still could have sued Kara.
Pickering Balance
1) Is the speech of public concern? 2) Is the speech disruptive (Tinker Test)?
Pickering balance
1) Is the speech of public concern? 2) Is the speech disruptive (Tinker Test)?
three legal determinations
1. "School speech" doctrine should apply because Frederick's speech occurred "at a school event" 2. The speech was "reasonably viewed as promoting illegal drug use" 3. A principal may legally restrict that speech (based on the three existing First Amendment school speech precedents, other Constitutional jurisprudence relating to schools, and a school's "important, indeed, perhaps compelling interest" in deterring drug use by students)
vagueness and overbreadth
1. Law constitutionally vague if reasonable person cannot tell what speech is banned and what is allowed 2. Law constitutionally overbroad if regulates substantially more speech than constitution allows GRAYNED
School Sponsored Activity
Activity that is sponsored by a school and usually takes place in a school; therefore, students need to follow the rules of that particular school.
Examples from myspace /internet cases
Blue Mountain- - Jay Schider made a myspace for middle school principal- made principal look like a pedofile, used a picture from school board website - did not name principle - suspended for 10 days- copy right issues and it was false accusations - student wins - denied by supreme court Layshock- - HS senior in PA and he made a myspace page of his principle, linked principal to alcohol, drugs, and prostitution,acting as principal - viewed by students in and out of school - accessed profile once in school - other students also made pages - his was least vulgar - he was only one suspended, banned in extra curricular, special program, no graduation - family sued- everything was taken away
Prohibition of evolution
Can not prohibit teaching a scientific theory based on reasons that violate the first amendment, would be considered favoring a specific religion. (EPPERSON v. Arkansas)
PICO Pico v. Island Trees
Censorship in libraries Board of Education appointed, ordered that certain books, which the Board characterized as "anti-American, anti-Christian, anti-Semitic, and just plain filthy," be removed from high school and junior high school libraries Decision: in favor of students; school boards may not remove books from school library simply because they dislike the ideas contained in those books and seek by their removal to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. must have a legitimate reason 1980s
"time, place and manner"
Grayned case rules are valid in context noise rule is valid picketing rule is not
Layshock
HS senior in PA and he made a myspace page of his principal, linking him to alcohol, drugs, and prostitution, acting as principal - viewed/accessed by students in and out of school - other students made pages, he was the only one suspended, banned in extra curricular, special program, no graduation - family sued- everything was taken away Decision: protected student speech
Symbolic Speech
Is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.
Impartiality
Is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.
Freedom of Association (Shelton)
Is the right to join or leave groups of a person's own choosing, and for the group to take collective action to pursue the interests of members.
Probable Cause
Is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal. The standard also applies to personal or property searches.
Viewpoint Discrimination
Is the term the Supreme Court has used to identify government laws, rules, or decisions that favor or disfavor one or more opinions on a particular controversy.
Suspicionless Searches
Is where you are searched by authorities not because they think you've done something wrong, but because of some other criteria, normally due to where you are. Ex: Airport search
Cyberbullying (lower court cases)
Kowalski- - cyberbullying is not down with first amendment - senior at public school in west Virginia - done to hurt another classmate - suspended for 5 days - on just a website - argued that her punishment was unfair because it happened off school property - court relied on tinker- interfered on school environment - STUDENT LOSES J.C.- - 8th grade student - video taped a classmate out of school and then posted it from the home computer - word spread to the girl that she was offending - girl and mom went to talk to school about video - pulled both students out of class - girl who made the video—> had to write a statement and was suspended for 2 days - Court sided with student SJW-- Jay Schider made a myspace for middle school principal- made principal look like a pedofile, used a picture from school board website - did not name principle - suspended for 10 days- copy right issues and it was false accusations - student wins - denied by supreme court
Thomas Concurrence
MORSE argued that students in public schools do not have a right to free speech and that Tinker should be overturned basically wanted to overturn Tinker & did not believe in student rights
Alito Concurrence
MORSE Alito said it did not violate Frederick's First Amendment rights and emphasized in his concurrence that the holding only applies to students who advocate illegal drug use Drugs could lead to violence
Minimal Due Process
Minimal due process requirements are notice and opportunity to respond. The opportunity to respond does not necessarily mean an oral response, a writing may be sufficient. These minimal requirements, of course, have no application where a due process procedure is not required or where statutes apply greater obligations.
TRINITY Trinity v. Comer
Missouri program denied a grant to a religious school for playground resurfacing, while providing grants to similarly situated non-religious groups, Decision: violated the Free Exercise Cause 2017
AMBACH Ambach v. Norwick
New York education statutes forbid the certification of any perspective teacher who is eligible for United States citizenship, but refuses to seek naturalization Decision: in favor of state, can require all teachers to be american citizens 1970s
GRAYNED Grayned v. City of Rockford
Ordinances prohibited picketing within 100 feet of a school Other prohibited a person, while on grounds adjacent to a school in session, from willfully making a noise or diversion that disturbs the peace or good order of the school session. Decision: city's anti-picketing ordinance was overbroad and violated the Fourteenth Amendment's equal protection clause; anti-noise ordinance upheld 1970s
Teachers Rights (supreme court cases)
Pickering (60s)-criticizing school board Shelton (60s)-list of organizations annually Ambach (70s)-teachers must be a citizen
Censorship (supreme court cases)
Pico (60s)-school board banned certain books from libraries Hazelwood (80s)-principal removed school paper articles regarding teen pregnancy and divorce
MORSE Morse v. Frederick
Principal suspended Joseph Frederick for displaying a sign that said BONG HITS 4 JESUS across the street during the 2002 winter olympics Decision: school officials did not violate the First Amendment, school mission is anti-drug (3 legal determinations) 2007
Search and Seizure Clause (4th Amendment)
Protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
Expulsion
Refers to the removal/banning of a student from a school system or university for an extensive period amount of time due to a student persistently violating that institution's rules, or for a single offense of appropriate severity in extreme cases.
Conduct v. speech
SOS
School's "educational mission"
School officials can prohibit students from displaying messages that promote illegal drug use (age-inappropriate speech) While students do have some right to political speech, this right does not extend to pro-drug messages that undermine the school's mission to discourage drug use. MORSE
Pedagogical justification
Schools are able to set high standards for students speech - they have a right to refuse to sponsor speech that is "inconsistent with the shared values of a civilized social order'. (leading the child) HAZELWOOD
Pedagogical justification (Hazelwood)
Schools are able to set high standards for students speech' they have a right to refuse to sponsor speech that is "inconsistent with ' the shared values of a civilized social order'.
KOWALSKI
Suspended Kowalski for created an interactive myspace page for "student's against slut herpes" (bullying) Password protected Decision: in favor of school, disruptive/hateful
Education as property right (Goss)
Teachers should hold hearings for students before ordering suspensions from school.
Goss due process framework
The Court considers what due process means for students facing temporary suspension from school because of their alleged violations of school discipline rules. The Court concludes that accused students must be afforded an informal hearing with school administrators before such suspensions.
TINKER - Tinker v. Des Moines
Tinkers wore armbands to school to protest the Vietnam War & in support of the Christmas Truce Decision: actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected "symbolic speech" 1960s
Freedom of association
The state has the right to investigate the competence and fitness of those whom it hires to teach in its schools. However, to compel a teacher to disclose all their associational ties is to impair that teacher's right of association (Boy Scouts, Shelton*)
Freedom of association (Shelton)
The state has the right to investigate the competence and fitness of those whom it hires to teach in its schools. However, to compel a teacher to disclose all their associational ties is to impair that teacher's right of association.
Problem of curricular exclusivity (Edwards)
can't exclude evolution or anything else to preserve a belief
Problem of curricular exclusivity
can't exclude evolution or anything else to preserve a belief EDWARDS
selectivity problem (Schempp and Edwards)
cannot audit information
selectivity problem
cannot audit information EDWARDS & SCHEMPP
Content neutrality
cannot give your opinion, teachers cant talk about political views
viewpoint/content neutrality
cant discredit students for having a different opinion than you PICO
Viewpoint discrimination
cant hate on students for having a different opinion than you
Intelligent design
changed name too intelligent design to get away with "creationism" under a different name
Free Speech Clause (First Amendment)
have freedom of speech unless it threatens the rights/ reputations of others, national security, public order, public health, morals
Equal time laws (Edwards)
if you do creationism you have to do evolution
Teacher citizenship
it is up to the state to decide if teachers MUST live in the state they teach in AMBACH
Symbolic speech
part of Tinker speech that is not verbal, wearing a wrist band in support of something
BOY SCOUTS Boy Scouts v. Dale
private organization such as the BSA may exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints" Decision: held that the constitutional right to freedom of association allowed the Boy Scouts of America (BSA) to exclude a homosexual person from membership in spite of a state law requiring equal treatment of homosexuals in public accommodations 2000
KITZMILLER Kitzmiller v. Dover
public school district policy that required the teaching of intelligent design presented as an alternative to evolution theory Decision: Dover mandate requiring the statement to be read in class is unconstitutional. Intelligent design is not science. 2005
HAZELWOOD Hazelwood School District v. Kuhlmeier
school principal removed an article concerning divorce and another concerning teen pregnancy - student journalists sued, claiming that their First Amendment rights had been violated Decision: : Supreme Court determined ruled in favor of school administrators & determined they could exercise prior restraint of school-sponsored expression, such as student newspapers, if the censorship is "reasonably related to legitimate pedagogical concerns". School-sponsored student newspapers will not be presumed to be operating as public forums for student expression absent evidence indicating otherwise. 1980s
PICKERING Pickering v. Board of Education
teacher was fired after writing a letter to the newspaper criticizing how the Township Board of Education and the superintendent had handled past proposals to raise new revenue for the schools Decision: in favor of teacher - First Amendment right to free speech was violated; teachers may speak if it is about a public concern 1960s
Critical thinking argument (Edwards)
their excuse, wanted the students to have both sides and make a decision
JC V. BEVERLY HILLS
videotaped her friends trash talking about their classmate C.C. (Cyber bullying) outside of school Decision: protected student speech, not disruptive
Prohibition of evolution (Epperson)
wanted to protect their religious understanding of the bible with this scientific theory
Students rights v. in loco parentis
when child is in school, school acts as parents bigger deal with younger kids dilemma--> should schools act as government or parents
school censorship standards
you must censor the overall book you can only ban things for age-innapropriateness PICO
Morse v. Frederick (2007)
-At a school event, Joseph Frederick held up a sign that said "Bong Hits 4 Jesus" -Principal Morse took away the banner and suspended Frederick for 10 days, saying that her actions were justified by citing the school's policy against the display of material that promotes drugs. -Court ruled in favor of Morse, finding no constitutional violation.
Evolution (supreme court cases)
Epperson (60s)-banned Evolution Edwards (80s)-required creationism be taught alongside Evolution Kitzmiller (2000s)-required intelligent design be taught alongside Evolution
School's educational mission (Morse)
- School officials can prohibit students from displaying messages that promote illegal drug use (age-inappropriate speech) -While students do have some right to political speech, event while in school, this right does not extend to pro-drug messages that undermine the school's mission to discourage drug use.
Roper v. Simmons (2005)
-17 year old Christopher Simmons sentenced to death in 1993. -In 2002, the Missouri Supreme Court decided to reconsider Simmons' case. -5 to 4 decision -Court ruled that standards of decency have evolved, so that executing minors is cruel and unusual punishment prohibited by the 8th Amendment.
State Map of Corporal Punishment
-19 states including: Wyoming, Idaho, Arizona, Texas, Louisiana, Mississippi, Arkansas, Oklahoma, Nebraska, Colorado, Missouri, Tennessee, Kentucky, Georgia, NC, SC, Florida, Alabama, and Indiana.
Kowalski Case
-2011, Maryland -Kara Kowalski created a website dedicated to ridiculing a fellow student. -She was suspended for five days. -Kowalski sued the School, contending that it violated her free speech and due process rights under the First and Fourteenth Amendments. -Kowalski argued that the punishment was not justified because her speech: (1) did not occur during a school related activity; and (2) was private out-of-school speech. -The Court took the side of the school, saying that under the Tinker test, the school had authority to discipline speech that interfered with other students.
Goss v. Lopez (1975)
-9 students were given 10 day suspensions from school. -The school principals did not hold hearings for the affected students before ordering the suspensions. -The principals actions were challenged and a federal court found that the students rights had been violated. -5 to 4 decision in favor of students.
New Jersey v. TLO (1985)
-A decision by the Supreme Court addressing the constitutionality of a search of a public high school student for contraband after she was caught smoking. -The student fought the search, saying it violated her 4th Amendment right against unreasonable searches. -The Court, in a 6-3 ruling, held that the search by the school was reasonable under the Fourth Amendment.
Reasonable Cause
-Also called "reasonable suspicion" -is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'";[1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts",[2] and the suspicion must be associated with the specific individual.
Vernonia v. Acton (1995)
-An investigation found that athletes in the Vernonia School District participated in illicit drug use. -The District adopted the Student Athlete Drug Policy, which authorizes random urinalysis drug testing of its athletes. -James Acton (student) was denied participation in his school's football program when he and his parents refused to testing. -6 to 3 decision for Vernonia School District. -Claimed the privacy interests compromised by urine samples are negligible.
Safford v. Redding (2009)
-Arizona -Supreme Court case -Which the Court held that a strip search of a middle schooler (13 year old) violated the 4th Amendment. -They claimed the school lacked reasons to suspect either that the drugs (ibuprofen) presented a danger or that they were concealed in her underwear.
Shelton v. Tucker (1960)
-Arkansas -Statute requires that every teacher file an affidavit (written statement confirmed by oath or affirmation) listing every organization to which he has belonged or contributed within the preceding 5 years. -The statute is invalid because it deprives teachers of their right of associational freedom protected by the Due Process Clause of the 14th Amendment.
Corporal Punishment (legal status of)
-As of 2015, it is outlawed in 46 countries in all settings, including the home. -19 states (mostly in the south) in the US still allow it.
Pedagogical Justification (Hazelwood)
?
Pico Censorship Framework
?
Fishing Expedition
A search or investigation undertaken with the hope, though not the stated purpose, of discovering information.
EPPERSON Epperson v. Arkansas
Arkansas statute prohibited the teaching of human evolution in the public schools Decision: violated Establishment clause & prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." 1960s
SHELTON Shelton v. Tucker
Arkansas statute requires every teacher as a condition of employment in a state to file an annual listing without limitation every organization to which he has belonged or regularly contributed within the preceding five years Decision: in favor of teachers, ruled an unconstitutional violation of freedom of association; to compel a teacher to disclose his every associational tie is to impair his right of free association 1960s
DONINGER
Avery Doninger - student council high school student Went online and called principals *********s Sued - violated 1st and 14th amendment Decision: in favor of the school, age-appropriateness
BH V. EASTON
BH and KM brought I heart boobies bracelets to school - middle school Administration said the bracelets were not allowed - only to wear pink on breast cancer awareness day Breast cancer - important cause BH refused to take bracelets off Decision: Court sided with students - not a distraction, for a good cause
Inappropriate Speech (supreme court cases)
Bethel (80s)-Fraser sexually explicit speech Morse (2000s)-BONG HITS 4 JESUS sign
Black dissent in Tinker
Black, who had long believed that disruptive "symbolic speech" was not constitutionally protected believed Tinkers' behavior was indeed disruptive The armbands caused a disturbance just by bringing the discussion of the Vietnam into school "While I have always believed that under the First and Fourteenth Amendments neither the State nor the Federal Government has any authority to regulate or censor the content of speech, I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases."
SJW v. LEE'S SUMMIT
Created a website/blog trash talking other students → suspended two brothers Decision: in favor of the school, caused a disturbance
WYNAR
Death threats to specific student's 90 day suspension Violated 1st amendment & emotional stress Decision: Sided with school - death threats are not free speech
BLUE MOUNTAIN
Dress code violation Made fake myspace page cursing off her principal Only 22 students had access One student snitch Parents said it was "off campus speech" Appealed 3 times Tinker test - in favor of student
Equal time laws
EDWARDS if you do creationism you have to do evolution
Critical thinking argument
EDWARDS their excuse, wanted the students to have both sides and make a decision (but the rest of their curriculum did not line up)
AKTAS Aktas v. France
Expulsion of pupils from school for refusing to remove conspicuous symbols of religious affiliation during lessons (Muslim girls went to school wearing headscarves to cover their hair, while some young men wore the Sikh keski or under-turban) breach of a French law passed in 2004 prohibiting the wearing of all conspicuous signs of religious faith during lessons → denied access to the classroom and some were placed in a separate study room → expelled Decision: prohibiting the pupils from wearing conspicuous signs of their religious beliefs in class was a restriction on their freedom to manifest their religion 2009
Age inappropriate speech
FRASER The court found that it was appropriate for the school to prohibit the use of vulgar and offensive language since such discourse was inconsistent with the "fundamental values of public school education"
TLO Guidelines (inception, scope)
The courts held that Fourth Amendment Privileges do extent to students, but school authorities can search without a warrant provided the search is reasonable in inception and reasonable in scope.
BETHEL Bethel v. Fraser
Fraser gave a speech nominating classmate Jeff Kuhlman for vice president filled with sexual innuendos, but not obscenity, prompting disciplinary action from the administration (in violation of several school policies against disruptive behavior & vulgar and offensive speech) Decision: reinstated the suspension, saying that the school district's policy did not violate the First Amendment & prohibited styles of expression that are sexually vulgar (Fraser limits the scope of the Tinker) 1980s
Age inappropriate speech (Fraser)
The court found that it was appropriate for the school to prohibit the use of vulgar and offensive language since such discourse was inconsistent with the "fundamental values of public school education
Short-term suspension
When a student is suspended from school for a few days for violating the rules.
Long-term suspension
When a student is suspended from school for a long period of time for violating the rules of the school.
Randomized drug testing
When the police or someone randomly drug tests a student if they think they have drugs in school.
French headscarf controversy (Aktas and SAS)
Women cannot wear them in public
French headscarf controversy
Women cannot wear them in public (Aktas and SAS)
Student speech on internet/social media (lower court cases)
Wynar- - sophomore in HS - wrote about desire to shoot up school from his home - expelled, dad sued because his 1st amendment rights were violated - DISRUPTIVE, not a violation because of freedom of speech but because it is DISRUPTIVE - DO NOT MAKE THREATS - Kid LOST Doninger- - Connecticut - HS junior - she planned a battle of the bands - dispute w school officials - called officials D bags, encouraged students to piss them off more on her private blog - running for senior class secretary, required her to apologize, withdraw candidacy, and show copy of post to mom - school election - applied Tinker- disruptive - on live turtle
EDWARDS Edwards v. Agulliard
a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught Decision: violated establishment clause bc the law was specifically intended to advance a particular religion 1980s
School sponsored activity
an activity that is sponsored by the school so it must follow Tinker, Fraser
Relation of Kitzmiller to Edwards
both about Creationism and teaching Evolution
