...Miciek Schools Requiring Facebook Passwords from Students Numerous students around the country have had their personal information violated by their own school system. Should schools have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student population...
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...Educational Law and Landmark Supreme Court Cases Involving Students Tinker v. Des Moines The court case Tinker v. Des Moines Independent Community School District of 1969, citation 393 U.S. 503 (1969), was heard by the Warren Court and the United States Court of Appeals for the Eighth Circuit. The case involved three students in Des Moines who held a meeting and decided to wear black arm bands to school in order to show support for the truce in the Vietnam War. The three students were John Tinker, Mary Beth Tinker, and Christopher Eckhardt. They met at Christopher Eckardt’s house, who was 16-years-old at the time, and made plans to wear the arm bands during the holiday season and intended to end the protest on New Year’s Day. An administrator had heard of the students plan before it happened and believed it would cause a disruption to the school. The administrator banned the arm bands that displayed support of the Vietnam War. Students were asked to remove the arm bands and if they did not, they would face suspension. In spite of the threat, the three students wore the arm bands to school anyways and refused to remove them. The students were suspended from school until the end of their protest. The parents of...
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...Harper should have not been allowed to wear the t- shirt to school. Finally, discuss the implications to the court’s ruling has on the freedom of speech. Limitations on Freedom of Speech The first amendment allows all human beings the right of freedom of speech. The purpose of this right is that it admits free communication of ideas and opinions so that congress cannot make any “law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble”(Caselaw1). On the day of silence designated to teach tolerance of gay and lesbian students, Tyler Harper, a high school student, wore a T-shirt which message was directed straight at gays saying that homosexuality is shameful. An editorial in the Los Angeles Times entitled “free-speech fashion,” evaluates a problem that interferes with Tyler Harper’s constitutional rights. Although the ruling does not accurately line up with the first amendment and is unfair in Harpers situation, the Supreme Court applied a so called “right” to not be offended which gave authority to suppress speech. Every individual is entitled to freedom of speech on the day of silence, while gay people are allowed to freely express their beliefs on homosexuality, Christians can also do the same in regards to their beliefs. The court explained that the school Harper attended, Poway High School, was within its rights because Judge Stephen Reinhardt...
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...ET AL. V. BARNETTE ET AL. Facts of the Case In 1942, the state of West Virginia passed a law requiring students in public schools to salute the flag. A certain religious sect in American society believes that saluting a flag is sacrosanct and violates their freedom of religion. The plaintiff's are part of a sect of Jehovah's? Witnesses that believe saluting a flag are against their religion. Three people whose children were attending the public schools in West Virginia brought the lawsuit against the Board of Education in the state. The lawsuit was brought by plaintiffs on behalf of themselves and their children and all other persons in the State of West Virginia in a similar situation. The purpose of the lawsuit was to secure an injunction restraining the State Board of Education from imposing against them a requirement of the Board making it mandatory for children in the schools to salute the American flag. The Law...
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...Should students have the same rights as citizens? Should students be granted the same rights as the public? Most students go to a public school, so since they are in a public facility, shouldn’t they be given the same rights as the public? Students should, very much, have the same rights as citizens. Citizens, most of the time, are allowed to express opinions they have and are allowed to have opinions without being penalized. Too many schools worry about their reputation to allow their students to have any opinions on, really, anything. Many schools also have the tendency to baby their students by allowing them to do anything with a few rules restricting the students. By limiting students from freedom of expression, religion, and privacy quite...
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...Religion in the Public Schools: Public Prayer or Private Action? The differences between private and government sponsored religious speech can be difficult, but necessary to determine when dealing with religion in the public school system. In Kountze Texas, a group of cheerleaders are suing the school district because a ban was placed on their usage of religious banners before the local public school’s football games. The cheerleaders created banners, like many high school cheerleaders do, but the message painted on their signs were statements such as, “And let us run with endurance the race God has set before us” The messages on the banners are religious speech and a violation of the First Amendment of the Constitution. Yes, the United States Constitution does allow for the freedom of religion, but it also separates Church and State. The cheerleaders painted these signs for a school organized football game; the educational institution is a public one and must abide by the United States Constitution and the separation of church and state. If the school were private, religious connotations would be permissible, but being that the school is public, the signs created by the cheerleaders would be considered government sanctioned. The Establishment Clause in the First Amendment states, “congress shall make no law respecting an establishment of religion.” Throughout our nations history there has been much debate of what the framers of the Constitution meant by establishment...
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...Thorton School District Do school uniforms violate a student's right to freedom of expression? Seniors at Thorton County School District recently challenged the schools uniform only dress code by coming to school out of uniform. Those students were expelled from school and were not allowed to graduate with their class for this act. These students were exercising their right to express themselves. Under the First Amendment, as long as you do anything that is not affecting or infringing on someone else's right, one should be able to do that. (www.firstamendmentcenter.org) Under the schools uniform dress policy students are prohibited from wearing hats or other head apparel as well. It can be said this may interfere with religious beliefs. Thus violating the first amendment to the constitution to “make no law respecting an established religion, or prohibiting the free exercise therof”… If a student is Jewish and wishes to wear his or her yarmulkes to school, should they be expelled for expressing their religion? The students at Thorton were not given a hearing prior to the expulsion, and many parents believe their children have the right to a hearing. The Constitution of the United States says we as Americans shall not deprive any person of life, liberty or property, without due process of the law. Were the protesting student not deprived of the right to graduate with their class without a hearing for their actions? Thus violating the 14th amendment? Today many schools have adopted...
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...On appeal, the Georgia Supreme Court applied the death sentence but not to the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. B.) Is the application of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment? C.) The Court ruled against Gregg. In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. D.) In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful use of the death penalty may be appropriate if deemed so. This is a case-by-case basis. The Court also decided to go by the state legislature of Georgia and their own death penalty statute. F.) Justices Brennan and Marshall stated that the death penalty doesn’t deter crime and it is an inappropriate way of retribution. However Justice White states that capital punishment cannot be unconstitutional because the Constitution expressly mentions it and because two centuries of Court decisions assumed that it was constitutional. Case 5: Knowles vs....
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...was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes and a small amount of marijuana. T.L.O. was charged with possession of marijuana. Before trial, T.L.O. moved to suppress evidence discovered in the search, but the Court denied her motion. The Juvenile and Domestic Relations Court of New Jersey, Middlesex County found her guilty and sentenced her to probation for one year. The New Jersey Supreme Court stated that the exclusionary rule of the Fourth Amendment applies to searches and seizures conducted by school officials in public...
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...Those who are successful are not those who avoid making mistakes, but those who learn from the mistakes they do make. Throughout the course of our lives, we must learn to have the wisdom and humility to recognize when we have made a mistake and the drive to act on that mistake by learning from it. I believe that one of the reasons that college is so important is that it gives us students an environment where we can make mistakes and learn from them. The mistake I made that weekend was a pretty serious one. I violated Georgia state law and the code of student conduct for Oglethorpe University. According to criminaldefenselawyer.com, “The State of Georgia has minor in possession (MIP) laws to prevent anyone under the age of 21 to consume or possess alcoholic beverages. These laws seek to discourage minors from drinking and...
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...issues within the education system. Even though, students have a freedom of speech there are certain stipulations. Schools may limit students’ autonomy of expression to a certain extent. In Teachers and the Law, chapter ten informs readers when can schools restrict freedom of expression between educators and scholars. According to Teacher and the Law, “when conflicts arise between the rights of teachers or students and the authority of school administrators, it is the job of the courts to balance legitimate rights in conflict and determine when to protect and when to limit...
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...convicted and he appealed to the Supreme Court. (3) The Supreme Court ruled against Reynolds and stated the polygamy was indeed a violation of the law. They reasoned that, even though the First Amendment did outlaw federal prohibitions on restricting citizen’s right to practice their chosen religion, it left them free to prohibit actions that were violations of social duties, and therefore even if they couldn’t do away with the belief of polygamy they could still outlaw polygamy. The Court said, “Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law.” They also argued that, by Reynolds reasoning, anyone who broke the law on the account of religion should go unpunished which they stated was completely unreasonable. Therefore, they stated that the government had the authority to revoke Reynolds’s unlawful marriage and convict him. Plessy v. Ferguson (1896) (1) Constitution Question: Do states have the power to create laws of “separate but equal” segregation that do not violate the Thirteenth and Fourteenth Amendment? (2) In 1896, Homer Adolph Plessy, while returning home to Baton Rouge, Louisiana from New Orleans by train, intentionally broke the law in order to initiate a case to challenge Jim Crow laws on behalf of a committee. Although he didn’t not consider himself African American, as he only had on African American ancestor, Louisiana law defined him as one-eight African American...
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...respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.” With this saying citizens feel it is their constitutional right to practice religion or prayer in any setting including public schools. Several issues that arise in the public schools are; saying God in the Pledge of Allegiance, vaccinations of students, and student led religious activities in the public school setting. These issues have led to many debates and court cases. Religion will be an ongoing controversy in public schools since there are different interpretations of the Constitutional Amendments. It is imperative for an administrator of the school to know and understand the laws, to stay neutral, and to seek legal advice when dealing with separation of church and state One of the most controversial issues in the United States and public schools is the use of the word God in the Pledge of Allegiance. This debate dates as far back at 1892 when Francis Bellamy wrote the pledge without the words “under god” (Russo, 2004). However, the Senate and the House of Representative have continued to support the use of “under god” in the pledge (Russo, 2004). According to Russo, Smith v. Denny (1968), was the first case to challenge the use of “under god” in the pledge. The supreme court supported the use of the words in the pledge stating that it did not violate the First Amendment’s religion clauses...
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...1. Brown v. Board of Education a. Provide the Constitutional question: Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? b. Provide background information: Black children were unable to attend the same schools that white children attend because of segregation laws. One person in particular, Linda Brown, was denied admittance to an all white school, and Thurgood Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...their schools. Mary Beth was in middle school and John and Christopher were in high school. They all wore these armbands to protest against the Vietnam War. They also wore the armbands to support the Christmas Truce called for by Senator Robert F. Kennedy. At the time, the principals of the Des Moines schools made it a policy banning armbands from being worn at school. Students who violated this policy would be suspended and allowed back to school after agreeing to abide by the policy. Mary Beth Tinker and Christopher Eckhardt chose to continue to protest the war and wear their armbands. After a day or so, John joined in also. The kids were asked to take off the armbands by school officials but they refused to do so. All of the students were suspended from school until after January 1, 1966, when their protest had been scheduled to end. A suit was not filed until after the Iowa City Liberties Union approached their families, and the ACLU agreed to help the family with the lawsuit from there on. The students' parents also filed a suit in U.S. District Court, which upheld the decision of the Des Moines school board. The votes were tied in the U.S. Court of Appeals for the 8th Circuit. This meant that the U.S. District Court's decision continued to stand, and that forced the Tinkers and Eckhardts to appeal the Supreme Court directly. This case was argued on November 12, 1968. The case was decided on February 24, 1969. In a 7-2 decision, the Supreme Court ruled that the students had...
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