2007 Street Law Inc 2Morse v Frederick Tinker v Des Moines Independent

2007 street law inc 2morse v frederick tinker v des

This preview shows page 2 - 5 out of 6 pages.

© 2007 Street Law, Inc. 2
Image of page 2
Morse v. Frederick Tinker v. Des Moines Independent Community School District (1969) Students John and Mary Beth Tinker opposed the war in Vietnam. To show their opposition, they planned to wear black armbands to school. Having found out about the Tinkers’ plan, the Des Moines principals adopted a new policy prohibiting armbands. Despite the policy, the Tinkers wore armbands to school. They refused to remove the armbands and were suspended from school. The Supreme Court ruled in favor of the students. It made clear that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” To restrict speech, a school must demonstrate that the speech would “materially and substantially interfere” with the work of the school or interfere with the rights of other students. School officials in Des Moines, the Court explained, could not “reasonably forecast” that the Tinkers’ speech would cause a substantial disruption or invade the rights of others. Bethel School District No. 403 v. Fraser (1986) During a school assembly at Bethel High School in Washington, Matthew Fraser gave a speech to nominate a classmate for student government. The short speech was filled with sexual references and innuendoes: for example, he said that his friend is “firm in his pants . . . his character is firm” and “will go to the very end – even the climax, for each and every one of you.” The students greeted the speech with hoots, cheers, and lewd motions. The friend who Fraser nominated won by a wide margin; Fraser was suspended for three days. Ruling in favor of the school district, the Supreme Court emphasized that students do not have the same First Amendment rights as adults. It explained that school officials may prohibit the use of lewd, indecent, or plainly offensive language, even if it is not obscene. Schools have an interest in preventing speech that is inconsistent with the school’s “basic educational mission” and in “teaching students the boundaries of socially inappropriate behavior.” In addition, the First Amendment should not prevent school officials from maintaining order during a school-sponsored educational program. Hazelwood School District v. Kuhlmeier (1988) The Spectrum at Missouri’s Hazelwood East High School was a newspaper written and edited by students in journalism class. In May 1983, the students created a final edition of the newspaper, which their faculty advisor submitted to the principal for approval. The principal objected to two of the paper’s articles: (1) an article about teen pregnancy discussed sex and birth control and also hinted at the identities of pregnant students; (2) an article about divorce included a student’s complaints about her father without giving him a chance to © 2007 Street Law, Inc. 3
Image of page 3
Morse v. Frederick defend himself.
Image of page 4
Image of page 5

You've reached the end of your free preview.

Want to read all 6 pages?

  • Fall '11
  • Supreme Court of the United States, First Amendment to the United States Constitution, Tinker v. Des Moines Independent Community School District, Hazelwood v. Kuhlmeier, Morse v. Frederick, Joseph FREDERICK, Bethel School District v. Fraser, Tinker v. Des Moines

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors