Scary Speech Scenario-J2 - Charless Analysis*No flowchart...

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Charles’s Analysis *No flowchart, distinguish Tinker v. Des Moines (1988) Precedent: Schools can’t prohibit students from expressing opinion unless it threatens substantially to disrupt school discipline or the rights of others. Does Facebook communication between K-12 students constitute a "school setting"? No, although students use Facebook to communicate with friends and peers, ultimately Facebook communication does not constitute a “school setting”. The internet is delegated to be free to the people. We should distinguish “school settings” separately from Facebook, especially in Bell’s case where no action was taken on school grounds to disseminate his performance over winter break as well as never encouraging his classmates to play his song in school or played it there himself.
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Unformatted text preview: Did those five suspensions violate the students' First Amendment rights? Ruling: The suspension of the five students from McLomas High School is deemed unconstitutional, due to the fact the court's have allow for students to have First Amendment rights on school grounds. Essentially, the school must show substantial disruption caused amongst students to consider the suspension valid. Since McLomas High School has neglected to provide these instances of proof, we can deduce the suspension of the students’ had violated their First Amendment rights in such a manner of expressing one’s self. Just because you “thought” this kind of activity and behavior was “disruptive” does not constitute the right of the suspension of the 5 students....
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  • Spring '15
  • EmilyErickson
  • Communications, First Amendment to the United States Constitution, Tinker v. Des Moines Independent Community School District, amendment rights, McLomas High School

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