Final Constitutional Law Paper

Final Constitutional Law Paper - 1 Students rights have...

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Student’s rights have been determined significantly by the Supreme Court, as to what a student may wear, say, or write in a school-sponsored environment or in the school building. In the most recent First Amendment student rights case, Morse v. Frederick (06-278) , the Supreme Court is deciding whether Joseph Frederick, an 18- year-old high school student, displayed a banner with the message “Bong Hits 4 Jesus” across the street from his school, during the Olympic torch relay in Juneau, Alaska was appropriate, after the student did not attend school that day (Abreu, Heidy, and Miguel Loza. "Morse V. Frederick (06-278)." Source # 6). The First Amendment of the Constitution of the United States, states, “Congress shall make no law respecting an establishment of religion, or prohibiting free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Despite this, the Supreme Court proves that the First Amendment is interpreted differently and more strictly in the school environment. Most courts apply the Tinker vs. Des Moines Independent Community School District standard to determine if school officials can regulate student clothing. This standard allows school officials to suppress student expression that causes a substantial disruption or material interference with the school environment. Most recently, school systems are trying to limit the images on the student’s clothing. For example, in the case, Newsom v. Albemarle County School Board , the school system wanted to prohibit clothing representing weapons. There was also a similar case, based on whether sagging jeans were appropriate in the school environment. “Many courts will analyze student dress cases under a threshold test established by the Supreme Court in flag-desecration cases (Hudson, David Jr. L. "Student Expression: Clothing, Dress Codes, and Uniforms." Source #1).” The test asks whether the student 1
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want to show a specific message, and whether observers would understand the presented message. In New Mexico, this test was applied to rule whether a public school student did not have a First Amendment right to wear sagging jeans in school. In Bivens vs. Albuquerque Public Schools
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Final Constitutional Law Paper - 1 Students rights have...

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