notes feb 11

notes feb 11 - /10/09 If you attend private institution,...

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/10/09 If you attend private institution, first Amendment does not apply to you Leonard law-california enacted a statue If you go to a private, nonreligious school then you have first amendment rights (statutory law) converts for speech purposes If youre in a public school o Tinker v. Des Moines, Iowa 1969: wearing arm bands with peace signs on them to express their feelings for Vietnam war. School stops them from wearing arm bands because they were concerned that it would disrupt the rest of the class because it’s a controversial topic. School suspends them. Goes to supreme court. Why should we protect their speech? Mieklejonian theory, passive political expression. Dissenting political speech. Supreme court rules in favor of the tinker kids. They famously say students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” o Basically, when you attend school you don’t lose your right to speech. o Not the same if youre an adult off campus, so court makes a rule. Rule for determining when we can stop student speech on campus. Rule was:*** your speech is protected unless its believed to cause a substantial and material disruption of the educational atmosphere or interference with the rights of others who are trying to learn. o There were no fights with Tinker. Schools can’t just speculate. The courts have said if there’s a history of recent racial violence and tension at your school, then they can stop it (the speech). In this case, then they can assume/forecast what may happen with disrupting the class and try to stop it before. Pg. 87 eastern district of Michigan. Shows the Tinker standard in a modern day case. Dear born Michigan, largest concentration of Arabs in U.S. o Brett and Barber: wears George W. Bush terrorist t-shirt to school. The first 3 periods absolutely nothing happens. Then one person decided it was a problem that he was wearing it during lunch period. He objects because he had a relative who fought in every war up until that point. Are there other reactions? No, that’s it only one kid. The kid just merely objects, doesn’t start a fight. o Brett was told to take the shirt off. Instead he said hes going to sue for his first amendment rights. o Ultimately the court decides to rule in the favor of the Tinker rule.
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o Why use Tinker? Form of political speech/expression and dissenting political expression (against the govt); public school; the mode of the speech is the same; passive expression (clothing-based) o Should we protect his speech? Yes, he is protected because only one kid objected and didn’t cause any substantial material disruptions. o
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notes feb 11 - /10/09 If you attend private institution,...

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