Bush and used images of drugs and alcohol (www.NSBA.org);Roberts alluded to Hazelwood v. Kuhlmeier (No. 86-836) (484 U.S. 260) (1988), in which a student newspaper was censored because of an article on pregnancy, as justification for his theory that the rights of students "must be applied in light of the special characteristics of the school environment" (Opinion of the Court); and the fourth case, Bethel School Dist. N. 403 v. Fraser (No. 84-1667) (478 U.S. 675) (1986), a student was suspended for giving a lewd speech at a high school assembly (www.law.umkc.edu).
The ruling by the Supreme Court in Morse v. Frederick does not fit with previous court rulings in this area of civil liberties, because this ruling essentially negates the 1969 High Court ruling (Tinker v. Des Moines Independent School District) which upheld students' First
Amendment rights (in this case) to protest the War in Vietnam by wearing black armbands; in Tinker, Justice Abe Fortas wrote the majority opinion, and he stated that this form of protest activity "...is the type of symbolic act that is within the Free Speech Clause of the First
Amendment" (Findlaw, 2007). Fortas went on to allude to several previous Court cases, that will be addressed later in this paper, and he added, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
This ruling is not surprising at all given what the public knows about the Roberts Court; moreover, the 5-4 ruling in this case clearly indicates that the Bush Administration has - through the appointments of Chief Justice John G. Roberts Jr. And Justice Samuel a. Alito - succeeded in its goal to move the High Court to the right of center, and when reading the debate points put forth by the justices it is clear this decision goes well beyond issues of students' rights and indeed reflects how polarized and politicized our society has become.
There are four conservatives on this Court and four liberals, and Justice Kennedy is more or less moderate, but tends to side with the conservatives on most issues; he sided with the Court's majority in a recent case (Rumsfeld v. Forum for Academic and Institutional...
The issue of emotional harm, which at first seems complicated to a prohibitive degree, can also be applied in a similar fashion. Law and custom have united -- for the most part -- to define other instances of unacceptable speech in public society and even in the privacy of a business. Sexual harassment and racial discrimination are the tow most well-known and easily illustrated instances of speech that does
Students' Right to Free Speech The right of student to free speech is a matter that has been debated over years. Where many people claim that students, just like any other group of people, have the right of free speech, others claim that students should know where their limits end. Therefore, at many schools, colleges and universities, the students are provided with a code of conduct that they have to follow.
Book CensorshipIntroductionThe censorship of information is �one of the most pressing issues in libraries today� (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access to material depending on the content of work. Some of the changes or limitations made on work include removal, restriction, or exclusion. Censorship is a practice that has existed in society since ancient times and has been characterized
Discipline in Public Schools: Recent Court Cases "From 1969 to 1975, amid increasing legal challenges to the regulation of student expression in school, the Court's rulings largely confirmed students' rights to various free expression and due process protections" (Arum & Priess 2009). In Goss et al. v. Lopez et al. The U.S. Supreme Court decided that public school students do have a right to due process. In the case, a student
The events leading to the Vietnam conflict were determined by the administration in place at that time (VIETNAM CONFLICT (http://en.wikipedia.org/wiki/Vietnam_War). Initially it was decided that Vietnam would be occupied by Chinese and British troops and that they would supervise the surrender of Japan. In 1960 Hanoi instructed the southern communists to establish an organization called the national liberation front. The purpose of this organization was to overthrow the government of the
So who is an American and what an America can or cannot do are questions which are critical to the issue of legalizing immigrants. Does being an American mean you cannot show allegiance to any other country? The images of people raising and waving Mexican flag had enraged many but it need not have. It should be accepted that people who come from different countries would forever hold in their
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