| Legal Issues Concerning Schools Writing Exercises |
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Answer each of the following questions using complete sentences. Answers will vary. 1. Describe the Supreme Court’s stance on freedom of speech in public schools (as in Tinker v. Des Moines Independent Community School District, 1969). In Tinker v. Des Moines (1969), the Supreme Court ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." It established that student expression is protected unless it causes a "substantial disruption" of the school environment. 2. Explain how Title IX has affected schools. Title IX of the Education Amendments of 1972 transformed American education by prohibiting sex-based discrimination in any federally funded school or program. Its most visible impact was revolutionizing women's athletics, but it also dramatically increased educational access by addressing sexual harassment and opening doors in academics and STEM fields. 3. Summarize one of the following court cases: (1) Papish v. Bd. of Curators of the Univ. of Missouri (1973); (2) Bethel School District No. 403 v. Fraser (1986); (3) Hazelwood School District v. Kuhlmeier (1988); or (4) Morse v. Frederick (2007). Each of these four Supreme Court cases address student free speech: Papish v. Board of Curators (1973): The Court ruled that a university student's expulsion for distributing an offensive underground newspaper (containing a political cartoon and coarse language) violated the First Amendment. The "mere dissemination of ideas—no matter how offensive to good taste" on a campus is protected. Bethel School District v. Fraser (1986): The Court held that schools may discipline students for lewd or indecent speech at school assemblies. Unlike political speech, vulgar language is not protected because schools have an interest in teaching "the boundaries of socially appropriate behavior". Hazelwood School District v. Kuhlmeier (1988): The Court ruled that school-sponsored newspapers are not public forums. Educators may exercise editorial control over content for legitimate pedagogical concerns, including censoring articles on pregnancy or divorce that were "inappropriate for younger students". Morse v. Frederick (2007): The Court held that schools may restrict student speech promoting illegal drug use. A principal did not violate the First Amendment by confiscating a banner reading "BONG HiTS 4 JESUS" at a school-supervised event. |
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