Tyler Chase Harper, a high school sophomore, was sent to the principal’s office for violating the dress code. He was wearing a T-shirt which contained statements that disparaged the homosexual community. Chase filed suit in federal court claiming that the school violated his First Amendment rights to freedom of speech and religion, as well as rights protected by the Equal Protection and Due Process Clauses under the federal Constitution and the California Civil Code.…
In 1949 a law was made in Pennsylvania that public schools must start each school day with ten bible verses being read, however, there could be no comment on the verses that were read. Students would stand and say the verses along with the teachers. They would then have the students recite the Lord's Prayer. If the teachers refused to read the verses every morning they could be fired. This law angered some people because they believed it was a violation of the First Amendment and so two families sued.…
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…
At the age of 13 the White family was not ready for the ignorance hatred and fear that he would encounter from the residents of Kokomo, Indiana. Ryan wanted to live a normal life just like his peers that included going to public school. Due to their lack of education and awareness The School district of Kokomo voted to have Ryan stay at home fearing that through casual contact he would spread the virus. In 1985 Ryan’s mom files a lawsuit against school authorities for banning her son from Indiana public schools. In that same year White’s parents filed a lawsuit against the school authorities in 1985 and an Indiana Department of Education officer ruled that the school must follow the Indiana Board of Health guidelines and that White must be…
Josh Renville, an 18 year old student attending Fargo North High School has petitioned against the school in question for violating his first amendment right to freedom of speech. The school prohibited Renville from using a photograph in which he his holding his favorite rifle for his senior portrait in the yearbook. Renville claims that by prohibiting the photograph, the school is infringing on his rights to freedom of symbolic speech. Despite Renville’s claims, the actions taken by the administrators at Fargo North High were completely constitutional. Fargo North was acting well within their constitutional limits to promote the ideals of public education, to properly monitor any media that would have been associated with the school, and to limit any action that inherently interfered with the school’s disciplinary…
In the case of Bethel School District v. Fraser a lot happened. In my understanding there was a school event in which students gave speeches. The one student gave a speech with language unaccepted in the school, and got suspended, and was not allowed to be voted in for the election. The Father got angry and believed that his sons amendment rights were being violated. He felt like his sons first amendment right of freedom of speech was being withheld from him, along with his fourteenth amendment right. The case first went to a general court and it could not be agreed upon, so in tern it went to the Supreme Court because it could not be agreed upon in the lower court system and was to controversial. The court case was taken extremely seriously because it could change school rights, as they were known.…
The 6–3 decision of the majority was delivered by Justice Steven. For his majority opinion, the Alabama law "silence meditation or voluntary prayer" was unconstitutional. He found that was just to promote religion. He also found the implication of the words "voluntary prayer" as an issue of the Alabama law. The Justice Steven just focused on the purpose behind the law. The word "voluntary prayer" is not a protecting the student 's right but it encourage them to voluntary to prayer. One of the Judge also agree with his decision, Judge W.Brevard Hand, ruled prayer decisions in public school were wrong because this law is not apply to the states. As many states, they want to have the same decision and to make the world more successful. They both agree with Wallace v. Jaffree that use instructional times for silent school prayer and in public school are wrong. But with that decision, Justice William Rehnquist disagreed with them. He declared and endorses prayer in public school, even the religious in this situation. In addition, The District Court permitted the prayers to continue, because they ultimately held that the Establishment Clause of the First Amendment does not prohibit a state from establishing a religion. ("Wallace v. Jaffree (1985)"). But the Court of Appeals ruled that they were unconstitutional, because the court had considered and had rejected the historical arguments. Because of that, the state appealed to the Supreme Court. When the law appealed to the Supreme Court, the Former Supreme Court Justice Potter Stewart noted that they did it as the establishment of a religion of secularism. Also, after many decision, the Supreme Court under Chief Justice Earl Warren has angered southern conservatives that as many reason they made even more resentment that lead to many problem. Some people of Christian thought it would be good if the prayers at school. But the Supreme Court still…
Majority: The majority opinion which was delivered by Justice Abe Fortas stated that schools would have to shows constitutionally valid reasons to limit or regulate speech in the classroom. And that the school was allowed to forbid actions that would directly interfere with education.They held that students do not shed their rights when they enter the classroom.…
In the case of the Board of Education vs. Rowley (458 U.S. 176, 1982) the question was posed by the parents of a hearing impaired student that the school districts refusal to provide a sign language interpreter violated their daughter's right to a free, appropriate public education. It is my opinion that the decision by the Appellate court was in good faith.…
The education of the nation’s youth has always been a contentious issue. One of the largest issues facing the education system is the integration of sectarian religions such as prayers into the classroom and other extensions of the education system. In the mid to late 1900s, several court cases went before the Supreme Court involving various aspects of state sponsored prayers. The two major cases involving prayers in schools were Engel v. Vitale and Abington v. Schempp. Within these two cases, the Court successfully and diligently balanced the Establishment Clause and the Free Exercise Clause and paved the way for the Lemon Test and Endorsement Test.…
Three years later, the controversy appeared in court again as West Virginia State Board of Education v. Barnette. The case was brought forward on behalf of the Jehovah’s Witnesses. At this point in time, three of the justices that had ruled on the prior case had been replaced. In a 6-3 decision, the court overruled the prior Gobitis resolution and determined that the former resolution violated the students’ freedom of speech and freedom of religion which are guaranteed in the Bill of Rights of the Constitution of the U.S. Although it is up to schools and the government to teach students about patriotism and the importance of our American flag, it is not the role of our public school system to punish students that choose to not participate in the pledge.…
Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment (10)?…
At times in schools, there could be disagreements and disputes between the decisions of government and the rights of individuals. Students attend school in order to become well-educated young adults. The schoolteacher’s main objective is to make sure that students are receiving the maximum amount of learning to prepare them for future endeavors. Schools educate students on citizenship and what it means to live in a democracy. Public schools are under the Bill of Rights and the Fourteenth Amendment, which gives citizens protection of their individual liberties from governmental interference. Public school officials must obey the demands of the Constitution. The Supreme Court ruled in the 1943 case West Virginia State Board of Education v. Barnette…
The case is Elonis v. U.S. Church and state The Supreme Court decided against reviewing an appeals court's decision that a suburban Milwaukee school district had erred by holding high school graduation ceremonies in a local church, where students and their families were surrounded by religious artifacts and messages. Full Text The Supreme Court agreed Monday to consider whether violent images and threatening language posted on Facebook and other social media …
The US Supreme Court voted 7-2, saying that the school district's policy did not violate the First Amendment.…