Student Speech

Read the article at your desk Not safe to display American flag in

American high school

Discussion What is your initial reaction?

Do you agree? Disagree? Why? What were some reasons (from the

article) that the appeals court gave for their decisions?

What was the ruling under Tinker What is a “heckler’s veto”?

Stare Decisis Latin term that means “let the decision

stand” Most of the time, judges will not overturn

an earlier court’s decision Yes, this does happen, but that is usually

due to social change or a change in justices Supreme Court creates public policy by

interpreting a law (substantive) or a government procedure (procedural)

Precedent After interpreting laws and procedures,

the Supreme Court makes a ruling. This creates a precedent. The ways lower courts will rule in similar

situations Maintaining the precedent is called

stare decisis

Tinker precedent http://

www.youtube.com/watch?v=SqQvygBVSxA

Under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech.

Look at the article again In what ways did the 9th Circuit Court of

Appeals uphold the Tinker precedent? The Tinker standard:

1. Does the speech “materially and substantially” interfere with the school day?

2. Does the speech interfere with the rights of other students?

What is free speech? (this is where you start your notes)

Free speech is a fundamental right that is intended to protect individuals who have unpopular views

Limitations on Free Speech Libel (written) and slander (spoken):

defamation that attacks a person’s reputation

Obscenity Symbolic speech

Cases you need to know about student free speech Tinker v. Des Moines:

1. Does the speech “materially and substantially” interfere with the school day?

2. Does the speech interfere with the rights of other students?

Bethel School District No. 403 v. Fraser: Schools may prohibit vulgar or offensive language

Hazelwood School District v. Kuhlmeier: Schools may censor student publications

Morse v. Frederick (Bong hits 4 Jesus): Students have right to political speech but not the right to advocate illegal drug use

Work on your cases

Student Search and Seizures http://www.youtube.com/watch?v=t9QQ

CiT1e_w#t=15

Cases you need to know Goss v. Lopez: schools must go through a procedure

(ensures due process) before suspending students New Jersey v. T.L.O.: School officials must have

reasonable suspicion before conducting student searches

Safford Unified School District v. Redding: based on a reasonable suspicion, search measures used by school officials to root out contraband must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Board of Education v. Earls: Schools may conduct urine drug tests to students who are involved in extracurricular activities

Work on your individual speeches

Student Freedom of Religion

ReadTexas Judge, Siding With Cheerleaders, Allows Bible Verses on Banners at School Games

Discussion What is your initial reaction?

Do you agree? Disagree? Why? What were some reasons (from the

article) that the judge gave for his decisions?

What does galvanized mean?

Lemon Test The statute must have a secular

legislative purpose Its principal or primary effect must be

one that neither advances nor inhibits religion;

The statute must not foster an excessive government entanglement with religion.

What’s the issue? Establishment Clause

The government may not establish a religion

Free Exercise Clause The government may not prevent you

from exercising (practicing) your religion

What does the Supreme Court Say? Engel v. Vitale

Schools cannot lead students in prayer

Wallace v. Jaffree Laws intended for religious purposes are

not constitutional Moment of silence=OK Moment of silence for voluntary

prayer=not OK

Lee v. Weisman Even nondenominational prayer at

schools violates the establishment clause Santa Fe. Independent School District v.

Doe Not even students (who are not agents of

the state) can lead a prayer over the loud speaker

Students may have prayer as private speech, but once amplified, speech is no longer private

http://www.youtube.com/watch?v=00bogJ7Cp54 Which of these cases applies to the

news article?