Bethel School District vs. Fraser This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises. Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies. The school district appealed the decision, arguing that the speech had a disruptive effect on the educational process. The school district said it had an interest in protecting an audience of minors from indecent speech in the school. The school board believed it had the right to control language that was used during a school-sponsored activity. The Court of Appeals for the Ninth Circuit affirmed the judgment of the district court. The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
Justice Hugo Black dissented and feared that the Court’s ruling would cause more revolutionary actions from students. However, Justice Fortas addressed this potential outcome. He says, “Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.Burnside v. Byars, supra at 749.” The school’s ban of the armbands could not be upheld because the expression had not caused any harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the
Vernonia School District v. Acton was a US Supreme court decision that aims to uphold the constitutionality affecting random drug testing implemented by local public schools in Vernonia, Oregon States. This provision mandates student athletes to undergo drug testing before they are going to be allowed to participate in sporting activities. This particular measure established by the constitution stated that it propagates any illegal use of any prohibited substances for students in order to preserve the integrity of the society in particular with handling against drug use. An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injury. Consequently, the Vernonia School District of Oregon adopted the Student Athlete Drug Policy which authorizes random urinalysis drug testing of its student athletes Substance abuse materials may include marijuana, which is cannabis that is commonly used by teens.
On June 26, 1995, the Supreme Court decided on the case Vernonia School District v. Acton as to whether or not random drug testing of high school athletes violated the reasonable search and seizure clause of the Fourth Amendment. During the 1980's and 1990's there was a large increase in drug use. The courts decision was a strong interpretation of the Fourth Amendment and the right decision upon drug testing high school athletes.
Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment
“Marvin L.Pickering, a high school science teacher in Illinois wrote a letter published in a newspaper denouncing the board of education's choice of allocating of funding between athletics and academics, he also criticized the superintendent who did not inform the local taxpayers why they were actually paying more for the school. After posting the letter, the high school teacher was fired because the board claimed that he delivered false information that could affect the efficiency of the school administration, it damage the reputation of the board of education and of its superintendent and that it could possibly encourage “controversy, conflict, and dissension” between the school staff "Detrimental to the best interests of the schools"(Findlaw.com, I) . Pickering decided to sue the school for violating his First and Fourteenth Amendment rights to free speech and of equal protection because he claimed that he has the right to free speech and is allowed the same rights as everybody else.“
Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using
The West Virginia State Board of Education v. Barnette Case in March 11, 1943 created much controversy throughout the United States. This case questioned whether a flag salute law for school children violated the First, the right to freedom of speech and freedom of religion. In 1941 the West Virginia State Board of Education made it a mandatory action for all students to salute the American flag at the beginning of each school day and recite the Pledge of Allegiance. If students did not cooperate it would lead to harsh punishment (findlaw).
In document D the court sided with the students, but the students must serve ten days, but the ten day suspension will not be shown on their records. It must pose a threat, there was no threat so they sided with the students.In document C, the school suspended the student, but that was because the student caused a threat against the targeted student, S.N. If the student did not target S.N. and say the students name and harm her directly then there would probably be no suspension.J.S created a MySpace profile (“the profile”) making fun of her middle school principal, James McGonigle. The profile did not name the principal or his school, but did include a photo of him and contained some vulgar and offensive language.J.S. did not name the principal or the school, she did not directly target the principal even though a photo of the principal was on the page.This evidence helps explain why schools should not limit students’ online speech because it didn 't cause a substantial disruption.
Leasing in a nutshell. When leasing you are paying for the use of the car rather than paying for the car itself. In other words, your lease payment covers the depreciation of the cars over the length of the lease. Usually you can lease a car with zero down but the more you put down the lower your monthly payments will be. You as the lessee, are responsible for maintaining the car during the term of your lease and at the end of your lease you have the option to turn it in and walk away from it or choose to purchase it for the residual value of the car. Seems simple enough but there are many other things to consider before leasing a car.
Jackson’s continued employment at Middleton High School could cause disruption by compromising students’ learning environment. Although the school may argue Mr. Jackson’s dismissal was due to negative feedbacks school received, none of those complaints concerning Mr. Jackson’s speech proved that students’ interest were compromised. CT 12. In fact, the hectors that could cause potential disruption by threatening to picket school unless Mr. Jackson was fired, were outsider social groups that had no interest in the operation of school. Therefore, their opinions should not contribute to school’s decision to dismiss Mr. Jackson. In Melzer, the court held that only when the hectors are students and parents who hold interest in public education, can the court permit “hectors veto”. Melzer v. Board of Education, 336 F.3d 185, 199 (2003). In a scenario where students would likely be unable to concentrate in class or be uncomfortable asking teacher for help in any one-on-one situation because their teacher is a pedophile, the students’ interest of learning would be compromised. Id. at 198. Consequently, the disruption to school’s normal operation will
Board of Education court case and the enactment of the fourteenth amendment? The problem doesn’t solely lie on a system failure but also on the misconstrued ideas and beliefs that are inculcated in the minds of individuals since childhood. The system methodically segregates minorities into specific cities and regions, majority of which are impoverished neighborhoods. (Kornblum & Julian) This method interferes with the possibility of children coexisting amongst different races and ethnicities harmoniously, but instead reinforces the idea that whites are superior to others. Children are taught to fear blacks, because of the common stereotype of blacks being a dangerous underclass. And while whites enjoy superior education, minorities are left with underfunded, underachieving, poor schools, ensuring that they remain in poverty. In fact, research has proven that people of color were two (2) to three (3) more likely to inhabit in neighborhoods with commercial landfills that release toxic waste, severely affecting their health
So, are you interested in buying a new car, or at least a new used car? Well don’t let the problems of car buying deter you. Although buying a car can be an intricate and tedious process, there are certain guidelines even professional car buyers follow. With a few points of information on how to find the right car, the tedious car-buying process can be made easy.
Although some of the worst employment discrimination was eliminated by the Civil Rights Act in 1964, many women continue to undergo unfair and unlawful discrimination in the workplace. Even though women have come a long way, they are still being discriminated against in certain fields of work. High-end jobs, most commonly large companies and medical fields, continue to discriminate against women even though they have the same job qualifications as men.
When you hear the term “used car”, what is the first thing that comes to mind? Some may think of an old rusty Cadillac that belongs in a junkyard. Others may think of that nice Camaro at the used car dealership for sale. Over the years, used car sales have skyrocketed. In 2012, over 40.5 million used cars were purchased in the United States (Atiyeh, 2013). Used cars are in high demand in today’s economy because of the lower prices, slightly higher gas mileage, and that they can be more trustworthy against some of the newer models. With used car sales always climbing, how do buyers know what they are looking for in a vehicle? How do they come down to the final decision of where to purchase the vehicle? Most importantly, how can buyers make sure that they do not get scammed? This paper will take you through the process of purchasing a used vehicle, from deciding on a budget, all the way to the final purchase of your “new” car.
With convenience comes cost. There are many costs associated with owning a car. Firstly learning to drive can be prohibitive, with lessons often out of a lot of peoples budgets. Once you have passed your test buying a car can also prove expensive. It is often the case we have to buy cheap second hand cars as new cars are very expensive. Sometimes this is fine and you can have a reliable car, but other times you pick one up that’s not been well maintained and can cost you a fortune in repairs and keeping it on the road.