...Throughout the years, American citizens have been holding their ground to defend their 1st Amendment rights, which to many people, consider it the most important right. It helps them take issue with current events and allows them to express themselves without immediately being incriminated against. This is important because it gives people a chance to change society for the better or highlight issues of morality that are not normally discussed. The “Shouting Fire” documentary provides good examples of 1st Amendment Court cases that shaped society for the better, directly addressing the issue with the suppression of speech. One of the relatively recent cases that involved the first Amendment was Morse v. Frederick (2007). In 2002, the Olympic Torch Relay went through Juneau, Alaska past Juneau-Douglas High School. The school decided to host an event to support the runners. Joseph Frederick, a senior at the school, decided to display a fourteen foot banner saying “BONG HiTS 4 JESUS.” The school’s principal, Deborah Morse, asked him to take it down because she was concerned that it would be associated with drugs but he refused to comply. The banner was taken down and Frederick was given a 10 day suspension for advocating the use of illicit drugs. In turn, he sued the school...
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...our civilian’s basic principle of freeness of speech, the Founders established the freedoms of speech and the press otherwise known as the First Amendment. Within the United States Constitution, the first amendment contains the right to freedom of speech. This idea has become the core basis and significance of the American society and democracy. Within this amendment, an individual has the right to express their opposing views compared to the popular majority regarding specific areas of speech, religion and expression. More specifically, the first amendment includes the right to freely express one’s religion as well as grant every citizen the right to express any religious belief without government involvement favoring any particular side of religion. This amendment allows and ensures that an individual is allowed to speak their mind and question their higher authorities when the opportunity arises. Moreover, free and open debate is highly favorable and viewed as an essential component for determining the genuineness of opposing and competing thoughts and ideas between two sides (Ginsberg, Lowi, Weir & Tolbert, 2013, p.122-123). Therefore, our democracy relies on individuals to speak and express their information and ideas in order to effectively operate a representative government. However, not all speech is protected by the first amendment. For example, unprotected speech can be considered an event in which a problem arises or is...
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...historic Morse v. Frederick case, Deborah Morse, principal of Juneau-Douglas High School brought suit against Joseph Frederick, an 18-year-old high school senior for violating Frederick’s First Amendment rights of freedom of speech. Frederick displayed a banner on a public sidewalk across from his high school that read “Bong Hits 4 Jesus.” The banner was viewed by the school’s student body when watching the Winter Olympics Torch Relay that was taking place throughout the city. Morse allowed the students to go outside and participate in the event, viewing the torch from both sides of the street. It was supervised by teachers and administrators and treated as a school field trip. Along with several students, Frederick held up his banner as the torch bearers approached so that he might get on national...
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...Joseph Frederick is a senior at Juneau-Douglas High School. Joseph held up a sign saying“ Bong Hits 4 Jesus” on January 24th, 2002 during the Olympic Torch Relay through his high school. Deborah Morse- Joseph’s principal to put the banner away because she was concerned it could advocate illegal drug activity. Frederick was the defendant and Deborah Morse was the plaintiff. Frederick refused to comply. Deborah took the banner from him. Frederick was suspended from school for 10 days for violating school policy, that forbids advocating the use of illegal drugs. Morse was ruled by U.S District Court for the District of Alaska by saying that Frederick’s actions was not protected by the first amendment. The U.S Court appealed and stated that Frederick’s banner was constitutionally protected. The U.S Supreme Court granted certiorari....
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...Student Speech The First Amendment of the United States Constitution guarantees the freedom of speech to any person in the United States. Since the mid 20th century, there has been controversy about freedom of speech, especially in the school setting. These controversies led to four very important cases that have paved the way for the freedom of speech that is or is not allowed in school today. These four cases are Tinker v. Des Moines, Bethel v. Fraser, Hazelwood v. Kuhlmeier, and Morse v. Frederick. Tinker v. Des Moines Independent Community School District was the first case of freedom of speech for students. This case took place in 1969 in Des Moines, Iowa. John F. Tinker and his siblings and friends decided to wear black armbands to school in order to protest the Vietnam War. The principals and other parents and students were not fond of this gesture because they thought it was disrespectful to the people who were serving in the war. The principals of the school heard about this before it occurred and decided to make a policy that stated that any student that wore these black armbands would face consequences. These consequences included taking off the armband and being suspended until the student agreed to not wear the armband anymore. The children wore the armbands to school and were suspended. The Tinker family decided to take this to court. This case went all the way to the Supreme Court where they ruled in the favor of Tinker. The case law that resulted...
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...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. |Name and Date of Case |Brief Overview of Case |Your Informed Opinion | | |and Outcome | | |Case 1: Educator as Defendant |Justice will decide whether or not school districts may|I agree with the court on thins one. | | |employ policies specifically designed to achieve | | |Name of Case: |racially diverse schools, local educators in Seattle | | |Community Schools v. Seattle ...
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...Landmark Case Evaluation Fill in the notes for the landmark case you selected to connect with your topic in the previous lessons. You may use the official court documents for the case and articles written about the case to fill in the required information below. Basic Information Title of landmark case (including case number): Morse v. Frederick No. 06-278 Plaintiff: Joseph Fedrick Defendant: Deborah Morse, Juneau School Board Date case argued and decided: Argued March 19 2007, Decision date: June 25, 2007 Judgment Affirmed or Reversed: Reversed Case Evaluation Write three to five complete sentences to respond to each of the following items. Issue/charges being discussed: The issue/ charges that were discussed was that whether a principal/ teacher violates the Free Speech of the First Amendment by limiting speech at a school supervised event when the speech is reasonably being viewed as promoting illegal drug use. Evidence presented during the arguments: Conclusions of the judge/judges: The conclusion of the judges the court recognized that the banner’s message was puzzling. But Morse had believed that the banner could be interpreted as promoting illegal drug use.The court did explain that the phrase on the banner could be viewed as imperative to use or celebrate illegal drug use.But under the Federal law and with the providing of the federal funds school need to educate the students on the dangers of using drugs or abusing it.The first amendment...
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...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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... 5. Checks and balances 6. Federalism 7. Anti-federalism 8. Commerce clause 9. Taxing Powers 10. Marbury v. Madision *** 11. Interstate commerce v. intrastate commerce 12. Heart of Atlanta Motel v. USA *** (1964),[1] [2] was a landmark United States Supreme Court case holding that the U.S. Congress could use the Constitution's Commerce Clause power to force private businesses to abide by the Civil Rights Act of 1964. This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for "separate but equal" treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans. 13. Police powers – 10th Amendment In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants.[1] Under the 10th Amendment to the United States Constitution, the powers prohibited from or not delegated to the Federal Government are reserved to the states respectively...
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...If a student’s sense of security is compromised, this goal cannot be reached. It is therefore the school’s duty, both morally and legally, to protect the minority from hateful speech that has the damaging potential to hinder their learning. An important Supreme Court case that established this precedent is Tinker v. Des Moines. Although the court said that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”, they did rule that schools could regulate speech that "materially and substantially interferes” with the school’s operation. The material disruption standard created by Tinker is easily met in the display of the Confederate flag. Recent events in Charlottesville and South Carolina unequivocally illustrate that this contentious topic can lead not only to disruption, but to...
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...of freedom and democracy. Freedom is an amazing thing to have but there are times where it is used excessively causing harm around us. It is wonderful to be able to express opinions but there should be a limit as to what we should say to others or in public. John Stuart Mill argues that the government must never censor its citizens, no matter their opinion and that is agreeable to certain extent. The Bill of Rights is one of the nations essential founding documents added to the constitution in 1791. The Bill of Rights are the first 10 amendments to the constitution that limit the power of the United Stated federal government and itemizes fundamental rights and liberties provided to the people. The Founding fathers wanted to create a strong national government in which its citizens were able to have a voice in what goes on in the government. Though the constitution had already certain rights protected for the citizens many argued that those amendments weren’t enough for many citizens. Thomas Jefferson, one of the founding fathers was pressuring the government to pass the bill of rights. “ A bill of rights he insisted is what the people are entitled to against every government on earth, general or particular and what no just government should refuse” (Bessette and Pitney p.57). In other words, Jefferson wanted the people to have rights that the government cannot take away, rights that they deserved. The founders wanted to show citizens that the government will not have complete...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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