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5 Cards in this Set
- Front
- Back
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Tinker v. Des Moines |
To protest the Vietnam War, two students (siblings) wore black armbands to school Fearing a disruption, the administration prohibited wearing such armbands. The Tinkers were removed from school when they failed to comply, but the Supreme Court ruled that their actions were protected by the First Amendment. The Court ruled, "students and teachers don't shed their rights to freedom of speech/expression at the schoolhouse gates." They also recognized the need "for affirming the comprehensive authority of the States and of school officials, to prescribe and control conduct in schools. To balance these interests, the court allowed schools to restrict student speech rights if the speech at issue would cause a material interference with schoolwork or discipline. They said the kids could wear the bands. |
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Morse v. Frederick |
A student unsuccessfully challenged a school's decision to punish him for holding a banner stating "bong Hits for Jesus" during the Olympic Torch relay as it passed by the school. The court limited the holding to student speech promoting illegal drug use, the the opinion suggests that the Court is increasingly willing to defer to school officials determination of the need to punish student for speech with the potential to impede education. The court said Tinker's materially disruptive analysis wasn't the only governing standard for restriction of student expression. They affirmed the principle that student in public schools don't receive the same free speech rights as adults. |
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West Virginia Board of Education v. Barnette |
West Virignia legislature amended laws to require all public schools teach courses to increase student knowledge of American go. and foster patriotism. The state board of education required the American flag be saluted and the Pledge recited every day. A Jehovah's witness family challenged this, but the kids were expelled. The Court struck down the board's law, saying the individual has a t least a qualified right to be free from gov. coercion to express views he or she disavows, not including obligations such as providing info on a tax return, but certain forms of coerced expression. |
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Board of Regents of University of Wisconsin v. Southworth
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A group of students at University of Wisconsin-Madison claimed the university's funding policies violated their right not to speak. They collect student activity fees from students in addition to tuition charges, giving a portion to student organizations. The students objected to their funds being spent to give subsidize groups whose purposes they oposed. The SC rejected this claim, saying the university was pursuing a legit educational policy of encouraging free and open exchange of ideas. The fee was a way to promote the goals. All groups could receive the funds, so it was staying neutral. |
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Rumsfeld v. Forum for Academic and Institutional Right
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At issue was the Solomon amendment, which says that if any part of a college denies military recruiters the same access granted to other employers, the entire place will lose federal funds. The Forum for Academic and Institutional Rights(FAIR) is an association of law schools to promote academic freedom and oppose discrimination. FAIR opposed the military's policy on homosexuals, so they filed suit against the Amendment. The Court ruled that the amendment was constitutional b/c it regulated conduct, not speech. The university allowing military recruiters doesn't mean they are endorsing them. |
