...Running head: Hazelwood vs. Kuhlmeier Hazelwood School District V. Kuhlmeier in APA style Wilkes University Abstract In 1982, the principal of Hazelwood High School deemed two articles submitted by students to be unsuitable for circulation in the school newspaper, and had the pages removed. Principal Renalds felt the content of the articles, which referenced teenage pregnancy and divorce, would disrupt the learning environment at the school and endanger the wellbeing of students. The students felt that their first amendment rights were violated, and filed a suit against the school district. The case eventually reached the United States Supreme Court, which ruled that as long as the school had “a substantial and reasonable basis (Brandsberg-Engleman et al., 2002).” in removing the pages from the newspaper, it did not offend the first amendment rights of the students. The students of Hazelwood High School have the opportunity to add journalism to their curriculum. Journalism I is an introduction to the profession, and completing the requirements of the class allows students to advance to Journalism II. One requirement and privilege for Journalism II students is the responsibility of producing and publishing the school newspaper, titled “SPECTRUM.” The main goal of this project is to familiarize students with the “legal, moral, and ethical restrictions imposed upon journalist within the school...
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...There have been many challenges to this amendment over the years. Two of the primary challenges to the amendment are Bethel School District v. Fraser and Tinker v. Des Moines Independent Community School District. In the case, Bethel School District v. Fraser, Fraser, a public school student, was suspended for using sexual references in a speech endorsing one of his friends for a student government position. Bethel School District decided to suspend Fraser which led to Fraser suing Bethel School District for violating his freedom of speech....
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...What was the case about? In 1965, some of the students attending Des Moines school met at a young students house named Christopher Eckhardt where they decided to show their support for the Vietnam war truce by publicly wearing black armbands though the winter and fasting on December 16 and New Year's Eve. When the school heard about this, the principals banned all students from wearing an armband or they would be suspended. Mary Beth Tinker, Christopher Eckhardt, and John Tinker ignored the rule and decided to wear the armbands anyways, so the school suspended them. They didn't go to school until after the New Year. The students and their parents sued the school for not letting students express themselves...
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...1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper bluebook citation for the source and also one paragraph summary of its contents. a. Case: 39 U.S. 503 (the case came out in 1969) Tinker v. Des Moines Independent Community School District. 393 U.S. 503, 506 (1969). John and Mary Beth Tinker and their friend Christopher Echardt decided to protest the Vietnam War. They decided to wear black armbands to school during the Christmas season. The principal heard about this and feared there would be a disturbance so the armbands were banned. If the students refused to remove them, they would be suspended until the protest ended, which was New Years. They were suspended for wearing the armbands. b. Case: 655 S.E.2d 232 Capp v. Carlito’s Mexican Bar and Grill No. 1, 655 S.E.2d 232 (2007) A trial court erred in granting summary judgment to a restaurant in a suit brought by a guardian of an injured child pursuant to Georgia’s Dram Shop Act. O.C.G.A. ? 51-1-40, as an issue of fact existed whether or not the restaurant’s server knowingly served alcohol to the child’s mother while she was in noticeable intoxication state. c. Statute: 29 U.S.C. §621 Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §621 The purpose of this chapter is to promote employment of older persons based on their ability rather than by their age. It is also to prohibit any age discrimination in employment...
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...Arrnbands: freedom of speech or not? Would you wear an armband to school if you disapproved about a controversial topic? In the court case Tinker vs. Des Moines, two students in high school and one student in middle school wore black armbands to publicize their objections of the Vietnam War. The schools that these students went to decided to suspend them until they came to school without the armbands. The parents of these students did not like that and therefore they took it the supreme court in the case which is known as the Tinker vs. Des Moines court case. In the court case two Justices, Fortas and Black, had different opinions on it and one agreed and one disagreed. According to one the Justices, Fortas, he believes that supreme court's decision was wrong because it was not creating a disturbance and therefore it should not have gone this far....
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...the school district to court for violating the First Amendment rights of student journalists (Abrams, 1). This court case is known as Hazelwood v. Kuhlmeier. The court ruled that, despite the Tinker ruling recognition of strong First Amendment protection, student expression in school-sponsored venues may be subject to greater limitations when those venues have not been established as “designated public forums.” In that context, school officials can censor, if they provide a reasonable educational justification for their actions (Bowen, 1)....
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...CITATION Tinker v. Des Moines ISD, 393 U.S. 503 (1969) FACT Plaintiffs, John Tinker (15), Mary Beth Tinker (13), Hope Tinker (11), Paul Tinker (8), and Christopher Eckhardt (16) chose to wear black armbands in protest of the Vietnam War. The armbands were additionally worn in support of Senator Robert Kennedy’s Christmas Truce, and to show respect for soldiers who have lost their lives. The plan was to wear the armbands over the holidays, as well as participate in a couple of days of fasting. Administration of Des Moines School learned to the activities and met to discuss the implications wearing the armbands might place on the culture of their school as well as what disruption it might cause to the daily educational process if they were...
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...Name Kaplan University Practicing Online Research PA201 – Unit 2 Assignment November 22, 2014 1. Give the proper Bluebook citation for the source and also one paragraph summary of its contents: a. Case: 393 U.S. 503 [the case came out in 1969] In December 1965, students of public schools in Des Moines, Iowa wore a black armband to school to show their objections to the hostilities in Vietnam. The principals of these three schools became aware of the student’s plan to wear the armbands on December 16, 1965, and adopted a policy forbidding students to wear the armbands two days prior. Any student wearing an armband would be asked to remove it, or would be suspended for refusal until after New Year’s Day. Though the petitioners, Mary Beth and John Tinker and Christopher Eckhardt, were aware of the regulation that the school authorities adopted, they still wore their armbands to school as planned and were suspended when they refused to remove them. Tinker v. Des Moines Sch. Dist. 393 U.S. 503 (1969) b. Case: 655 S.E.2d 232 Leilani Capp, Grandmother and guardian of Brian Hunter Sykes, filed a suit against Carlito’s Mexican Bar and Grill to recover compensatory and punitive damages when an incident occurred that resulted in Sykes obtaining injuries from a car crash. Sykes’ mother took him to Carlito’s bar, where she drank heavily, drove herself and this child home intoxicated, and then crashed her vehicle on the way home. Capp alleges that a bar...
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... You may use the official court documents for the case and articles written about the case to fill in the required information below. Basic Information Title of landmark case (including case number): Morse v. Frederick No. 06-278 Plaintiff: Joseph Fedrick Defendant: Deborah Morse, Juneau School Board Date case argued and decided: Argued March 19 2007, Decision date: June 25, 2007 Judgment Affirmed or Reversed: Reversed Case Evaluation Write three to five complete sentences to respond to each of the following items. Issue/charges being discussed: The issue/ charges that were discussed was that whether a principal/ teacher violates the Free Speech of the First Amendment by limiting speech at a school supervised event when the speech is reasonably being viewed as promoting illegal drug use. Evidence presented during the arguments: Conclusions of the judge/judges: The conclusion of the judges the court recognized that the banner’s message was puzzling. But Morse had believed that the banner could be interpreted as promoting illegal drug use.The court did explain that the phrase on the banner could be viewed as imperative to use or celebrate illegal drug use.But under the Federal law and with the providing of the federal funds school need to educate the students on the dangers of using drugs or abusing it.The first amendment does not require schools to tolerate the students at school events that expresses to contribute to the drugs. Connection...
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...Tinker v. Des Moines was a significant Supreme Court case, which tested the limits of student’s First Amendment rights on school grounds. It was December 1965, and a group of students in Des Moines, Iowa, planned a civil demonstration to protest the war in Vietnam. The Des Moines school district became aware of this plan, and adopted a policy stating “any student wearing armband would be asked to remove it, with refusal to do so resulting in suspension,” (The Oyez Project 1969). The school district banned the armbands due to the belief that the armbands may disrupt class, yet other forms of campaigning, such as buttons, were permitted in school (Bill of Right Institute 1969). On December 16th, Mary Beth Tinker and Christopher Eckhardt were...
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...Tinker Vs. Des Moines In December 1965, John F. Tinker, fifteen years old, his younger sister Mary Beth Tinker, thirteen years old, and their friend Christopher Eckhardt, sixteen years old, agreed to all wear black armbands to their schools. Mary Beth was in middle school and John and Christopher were in high school. They all wore these armbands to protest against the Vietnam War. They also wore the armbands to support the Christmas Truce called for by Senator Robert F. Kennedy. At the time, the principals of the Des Moines schools made it a policy banning armbands from being worn at school. Students who violated this policy would be suspended and allowed back to school after agreeing to abide by the policy. Mary Beth Tinker and Christopher Eckhardt chose to continue to protest the war and wear their armbands. After a day or so, John joined in also. The kids were asked to take off the armbands by school officials but they refused to do so. All of the students were suspended from school until after January 1, 1966, when their protest had been scheduled to end. A suit was not filed until after the Iowa City Liberties Union approached their families, and the ACLU agreed to help the family with the lawsuit from there on. The students' parents also filed a suit in U.S. District Court, which upheld the decision of the Des Moines school board. The votes were tied in the U.S. Court of Appeals for the 8th Circuit. This meant that the U.S. District Court's decision continued to stand...
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...Most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student must be free to express themselves without unfair limits and the Tinker vs. Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t take much more of it. In...
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...Tinker v. Des Moines (Independent Community School District) was a controversial court in 1965 were multiple students in Des Moines wear black arm band in protest of the Vietnam War by doing so they were suspended from school. In December of 1965, a group of kids from throughout the city of Des Moines, Iowa congregated at the home of Christopher Eckhardt a sixteen year old student from Des Moines. The meeting was called discusses a plan to wear black armbands to school in protest of the Vietnam War and to also fast on December 16 and New Year’s Eve. But on December 14 two days before the protest were set to begin the principals of the school found out about the plan to protest and quickly created a policy that would prohibit the wearing of...
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...everyone will agree with everything. Even the supreme court seems to diverge when it comes to certain cases, for instance in case of Tinker v. Des Moines. In 1965, Tinker, his sister, and a friend were sent home from school for wearing black armbands protesting the Vietnam War, the wearers did not disrupt the daily classroom activities and was simply performing an act of symbolic speech. The school emplaced a policy banning the black armbands refusing to allow the children to attend school until they were removed. Upon this action, the students’ parents sued the school district. Eventually, the Tinkers appealed to the supreme court, which agreed these actions were unconstitutional. Tinker v. Des Moines is well written and clearly organized that uses relevant evidence to back up its arguments. Similarly, the dissent is well written, but claims lead to an overall weakened dissent. Therefore, the majority opinion is much stronger argument than the dissent....
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...about freedom of speech, especially in the school setting. These controversies led to four very important cases that have paved the way for the freedom of speech that is or is not allowed in school today. These four cases are Tinker v. Des Moines, Bethel v. Fraser, Hazelwood v. Kuhlmeier, and Morse v. Frederick. Tinker v. Des Moines Independent Community School District was the first case of freedom of speech for students. This case took place in 1969 in Des Moines, Iowa. John F. Tinker and his siblings and friends decided to wear black armbands to school in order to protest the Vietnam War. The principals and other parents and students were not fond of this gesture because they thought it was disrespectful to the people who were serving in the war. The principals of the school heard about this before it occurred and decided to make a policy that stated that any student that wore these black armbands would face consequences. These consequences included taking off the armband and being suspended until the student agreed to not wear the armband anymore. The children wore the armbands to school and were suspended. The Tinker family decided to take this to court. This case went all the way to the Supreme Court where they ruled in the favor of Tinker. The case law that resulted from this case stated that schools could only suspend speech if: 1) the speech causes problems or disrupts the educational process; 2) the speech has caused problems in the past; 3) the speech violates...
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