Term
| What were the facts of the Tinker Case? |
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Definition
| Christopher Eckhardt and Mary Beth Tinker went to school wearing bands to protest the Vietnam War. They were suspended by Des Moines Independent School District for fear of riot, and they argued that they had a constitutional right to free speech. Supreme Court agreed. |
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Term
| What did the Supreme Court say about the Tinker Case? |
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Definition
| Students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. |
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Term
| What was the rule established for the Tinker Case? |
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Definition
Can only infringe on students free speech rights if they believe that it will be a substantial & material disruption o the educational atmosphere or interference with the rights of other students
have to have ACTUAL FACTS that would reasonable lead school authorities to predict a disturbance. Undifferentiated fear or apprehension of a disturbance not enough. |
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Term
| What were the facts about the Bretton Barber Case? |
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Definition
| Barber wore a shirt that called Bush an international terrorist, Dearborn high concentration of Arab students |
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Term
| What were the issues with the Barber Case? |
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Definition
| similar to tinker case, could withstand constitutional scrutiny if it cause significant disruption, bad for government officials to assume an ethnic group will have monolithic views on a subject and not be able to control themselves |
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Term
| When determining whether to apply Tinker precedent |
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Definition
| Will see if their has been a history of trouble related to that issue, not just apprehension or fear |
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Term
| What makes Bethel different than tinker? |
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Definition
| Bethel was agressive, sexual, with a captive audience, while tinker had passive, political speech |
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Term
| What is the rule for the Bethel (Fraser)case? |
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Definition
may censor expression that is lewd, indecent or offensive
may censor expression that undermines school's basic educational mission |
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Term
| Hazelwood School District Case - what were the facts? |
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Definition
| school news case - school sponsored publication - published stories about affects of pregnancy and divorce - |
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Term
| What was the rule for Hazelwood? |
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Definition
| Schools May regulate speech that is school sponsored an or is part of the school curriculum Have to be related to legitimate pedagogical concern (like ungrammatical, vulgar, not researched, prejudiced, etc) |
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Term
| some states have adopted antihazelwood legislation - saying entitled to same speech rights |
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Definition
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Term
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Definition
Bong hits for Jesus –9TH circuit applied Tinker precedent – it didn’t disrupt education/classroom
Surpreme court said had right to legislate against language that promoted illegal substances |
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Term
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Definition
law in California that applies first amendment standards to private, nonreligious high schools and to secondary schools
Not going to target religious schools because it would infringe right to religious practice, By statute |
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Term
| Viewpoint Based Discrimination |
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Definition
| Government restricts and restrains one side of a debate but not the other |
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Term
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Definition
Published already by local newspaper, Katy Dean wrote an accurate article about her school’s schoolbuses causing defects because of diesel fumes. School tried to censor it, fought against this American Civil Liberties Union.
Not under schools jurisdiction because did not raise privacy issues, or cite violent or sexual behavior.
Violated First Amendment rule of viewpoint based discrimination |
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