Boroff V Van Wert City Board Of Education Summary

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Boroff v. Van Wert City Board of Education, 240 F.3d 465 (2000) In a case similar to Fraser, a student was sent home twice for wearing a Marilyn Manson t-shirt with a three-faced Jesus on the back. The t-shirt also referenced biblical statements that were deemed inappropriate and disruptive to the learning environment. The court found that the school had the right to impose action for words or phrases that were considered vulgar and offensive. Just as with the Fraser case, the ethical significance is that students do not have the right to wear articles of clothing that depict messages or images in an offensive, public manner. Lower Court Cases Canady v. Bossier Parish School Board, 240 F.3d 437 (2001) To reduce disciplinary action and …show more content…

After referring the student to a counselor, the student was suspended for the potential of a significant disruption. The issue with this controversial case was that the student wrote the poem from a first-person basis and the words did not present any physical harm or threat to other students. The Ninth Circuit Court ruled in favor of the school district because the writing presented the likelihood or potential that a suicide could occur, which could have had a devastating and psychological impact on the school community. Melton v. Young, 465 F.2d 1332 (1972) A high school in Chattanooga, Tennessee suspended a student for wearing a jacket that depicted a Confederate flag. The school had already banded the flag prior to the student’s suspension, for fear of racial backlash. In a slim one-vote margin, the court upheld the school’s decision, solely for the possibility that racial retaliation could ensue. The student’s parents did appeal the decision, but the court deemed that this was not a violation of the student’s freedom of speech or expression. First Amendment: Relation to Current School …show more content…

To some degree, the same problems that were prevalent in the past are still found in modern day schools. Due to the governments impact of school operations, more ethical leverage is offered to principals who impose penalties or disciplinary actions for types of speech or expression that disrupt the learning environment. Even today, students are able to express themselves in a variety of ways, including writing private or political speeches, wearing clothing articles that do not reference overly offensive or sexual suggestions, and speaking in a manner that does not pose a potential harm or threat to the learning process or environment (Ramey, 2009). There are situations that were present in the past, but have become more socially acceptable. For instance, a student writing an article, essay, or research report about teen pregnancy or sexual abstinence is more socially acceptable, so the disruption of the learning environment is not as prominent. Principals and teachers have the right to censor students’ writing if it promotes acts of violence or has the potential to cause student retaliation. School

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