...Miciek Schools Requiring Facebook Passwords from Students Numerous students around the country have had their personal information violated by their own school system. Should schools have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student population...
Words: 1414 - Pages: 6
...Educational Law and Landmark Supreme Court Cases Involving Students Tinker v. Des Moines The court case Tinker v. Des Moines Independent Community School District of 1969, citation 393 U.S. 503 (1969), was heard by the Warren Court and the United States Court of Appeals for the Eighth Circuit. The case involved three students in Des Moines who held a meeting and decided to wear black arm bands to school in order to show support for the truce in the Vietnam War. The three students were John Tinker, Mary Beth Tinker, and Christopher Eckhardt. They met at Christopher Eckardt’s house, who was 16-years-old at the time, and made plans to wear the arm bands during the holiday season and intended to end the protest on New Year’s Day. An administrator had heard of the students plan before it happened and believed it would cause a disruption to the school. The administrator banned the arm bands that displayed support of the Vietnam War. Students were asked to remove the arm bands and if they did not, they would face suspension. In spite of the threat, the three students wore the arm bands to school anyways and refused to remove them. The students were suspended from school until the end of their protest. The parents of...
Words: 970 - Pages: 4
...Harper should have not been allowed to wear the t- shirt to school. Finally, discuss the implications to the court’s ruling has on the freedom of speech. Limitations on Freedom of Speech The first amendment allows all human beings the right of freedom of speech. The purpose of this right is that it admits free communication of ideas and opinions so that congress cannot make any “law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble”(Caselaw1). On the day of silence designated to teach tolerance of gay and lesbian students, Tyler Harper, a high school student, wore a T-shirt which message was directed straight at gays saying that homosexuality is shameful. An editorial in the Los Angeles Times entitled “free-speech fashion,” evaluates a problem that interferes with Tyler Harper’s constitutional rights. Although the ruling does not accurately line up with the first amendment and is unfair in Harpers situation, the Supreme Court applied a so called “right” to not be offended which gave authority to suppress speech. Every individual is entitled to freedom of speech on the day of silence, while gay people are allowed to freely express their beliefs on homosexuality, Christians can also do the same in regards to their beliefs. The court explained that the school Harper attended, Poway High School, was within its rights because Judge Stephen Reinhardt...
Words: 1173 - Pages: 5
...Religion in the Public Schools: Public Prayer or Private Action? The differences between private and government sponsored religious speech can be difficult, but necessary to determine when dealing with religion in the public school system. In Kountze Texas, a group of cheerleaders are suing the school district because a ban was placed on their usage of religious banners before the local public school’s football games. The cheerleaders created banners, like many high school cheerleaders do, but the message painted on their signs were statements such as, “And let us run with endurance the race God has set before us” The messages on the banners are religious speech and a violation of the First Amendment of the Constitution. Yes, the United States Constitution does allow for the freedom of religion, but it also separates Church and State. The cheerleaders painted these signs for a school organized football game; the educational institution is a public one and must abide by the United States Constitution and the separation of church and state. If the school were private, religious connotations would be permissible, but being that the school is public, the signs created by the cheerleaders would be considered government sanctioned. The Establishment Clause in the First Amendment states, “congress shall make no law respecting an establishment of religion.” Throughout our nations history there has been much debate of what the framers of the Constitution meant by establishment...
Words: 5004 - Pages: 21
...Thorton School District Do school uniforms violate a student's right to freedom of expression? Seniors at Thorton County School District recently challenged the schools uniform only dress code by coming to school out of uniform. Those students were expelled from school and were not allowed to graduate with their class for this act. These students were exercising their right to express themselves. Under the First Amendment, as long as you do anything that is not affecting or infringing on someone else's right, one should be able to do that. (www.firstamendmentcenter.org) Under the schools uniform dress policy students are prohibited from wearing hats or other head apparel as well. It can be said this may interfere with religious beliefs. Thus violating the first amendment to the constitution to “make no law respecting an established religion, or prohibiting the free exercise therof”… If a student is Jewish and wishes to wear his or her yarmulkes to school, should they be expelled for expressing their religion? The students at Thorton were not given a hearing prior to the expulsion, and many parents believe their children have the right to a hearing. The Constitution of the United States says we as Americans shall not deprive any person of life, liberty or property, without due process of the law. Were the protesting student not deprived of the right to graduate with their class without a hearing for their actions? Thus violating the 14th amendment? Today many schools have adopted...
Words: 447 - Pages: 2
...On appeal, the Georgia Supreme Court applied the death sentence but not to the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. B.) Is the application of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment? C.) The Court ruled against Gregg. In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. D.) In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful use of the death penalty may be appropriate if deemed so. This is a case-by-case basis. The Court also decided to go by the state legislature of Georgia and their own death penalty statute. F.) Justices Brennan and Marshall stated that the death penalty doesn’t deter crime and it is an inappropriate way of retribution. However Justice White states that capital punishment cannot be unconstitutional because the Constitution expressly mentions it and because two centuries of Court decisions assumed that it was constitutional. Case 5: Knowles vs....
Words: 1587 - Pages: 7
...was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes and a small amount of marijuana. T.L.O. was charged with possession of marijuana. Before trial, T.L.O. moved to suppress evidence discovered in the search, but the Court denied her motion. The Juvenile and Domestic Relations Court of New Jersey, Middlesex County found her guilty and sentenced her to probation for one year. The New Jersey Supreme Court stated that the exclusionary rule of the Fourth Amendment applies to searches and seizures conducted by school officials in public...
Words: 1676 - Pages: 7
...Those who are successful are not those who avoid making mistakes, but those who learn from the mistakes they do make. Throughout the course of our lives, we must learn to have the wisdom and humility to recognize when we have made a mistake and the drive to act on that mistake by learning from it. I believe that one of the reasons that college is so important is that it gives us students an environment where we can make mistakes and learn from them. The mistake I made that weekend was a pretty serious one. I violated Georgia state law and the code of student conduct for Oglethorpe University. According to criminaldefenselawyer.com, “The State of Georgia has minor in possession (MIP) laws to prevent anyone under the age of 21 to consume or possess alcoholic beverages. These laws seek to discourage minors from drinking and...
Words: 692 - Pages: 3
...convicted and he appealed to the Supreme Court. (3) The Supreme Court ruled against Reynolds and stated the polygamy was indeed a violation of the law. They reasoned that, even though the First Amendment did outlaw federal prohibitions on restricting citizen’s right to practice their chosen religion, it left them free to prohibit actions that were violations of social duties, and therefore even if they couldn’t do away with the belief of polygamy they could still outlaw polygamy. The Court said, “Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law.” They also argued that, by Reynolds reasoning, anyone who broke the law on the account of religion should go unpunished which they stated was completely unreasonable. Therefore, they stated that the government had the authority to revoke Reynolds’s unlawful marriage and convict him. Plessy v. Ferguson (1896) (1) Constitution Question: Do states have the power to create laws of “separate but equal” segregation that do not violate the Thirteenth and Fourteenth Amendment? (2) In 1896, Homer Adolph Plessy, while returning home to Baton Rouge, Louisiana from New Orleans by train, intentionally broke the law in order to initiate a case to challenge Jim Crow laws on behalf of a committee. Although he didn’t not consider himself African American, as he only had on African American ancestor, Louisiana law defined him as one-eight African American...
Words: 3463 - Pages: 14
...respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.” With this saying citizens feel it is their constitutional right to practice religion or prayer in any setting including public schools. Several issues that arise in the public schools are; saying God in the Pledge of Allegiance, vaccinations of students, and student led religious activities in the public school setting. These issues have led to many debates and court cases. Religion will be an ongoing controversy in public schools since there are different interpretations of the Constitutional Amendments. It is imperative for an administrator of the school to know and understand the laws, to stay neutral, and to seek legal advice when dealing with separation of church and state One of the most controversial issues in the United States and public schools is the use of the word God in the Pledge of Allegiance. This debate dates as far back at 1892 when Francis Bellamy wrote the pledge without the words “under god” (Russo, 2004). However, the Senate and the House of Representative have continued to support the use of “under god” in the pledge (Russo, 2004). According to Russo, Smith v. Denny (1968), was the first case to challenge the use of “under god” in the pledge. The supreme court supported the use of the words in the pledge stating that it did not violate the First Amendment’s religion clauses...
Words: 1545 - Pages: 7
...1. Brown v. Board of Education a. Provide the Constitutional question: Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? b. Provide background information: Black children were unable to attend the same schools that white children attend because of segregation laws. One person in particular, Linda Brown, was denied admittance to an all white school, and Thurgood Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
Words: 2008 - Pages: 9
...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, and that forced the Tinkers and Eckhardts to appeal the Supreme Court directly. This case was argued on November 12, 1968. The case was decided on February 24, 1969. In a 7-2 decision, the Supreme Court ruled that the students had...
Words: 832 - Pages: 4
...They decided that the Fifth Amendment was only applicable to the National Government and that it did not restrict state legislation. Therefore the Court ruled in favor of Baltimore, saying they were not required to provide compensation. Reynolds v. United States Question: Did Reynolds have the ability to raise claims during the Attorney General’s interim rule? And is it appropriate for the Supreme Court to resolve the split between the circuit courts? Background: Billy Joe Reynolds pleaded guilty to knowingly not registering for the SORNA or Sex Offender Registration and Notification Act. He then appealed the case and challenged that because of the interim rule of the Attorney General that the Act was unconstitutional. Decision: The Court ruled in favor of Reynolds with a vote 7 to 2. They decided that because of the interim rule and the Act not clearly saying whether offenders before the Act had to register or not, that legally Reynolds was innocent of his crime of not registering. Plessy v....
Words: 2966 - Pages: 12
...First Amendment Research Paper: Freedom of Speech During the time the Constitution was being written, freedom of speech was mainly focused on political speech. People wanted the opportunity to express their ideas and opinions about the government without being reprimanded or unheard. People feared that if the government was able to censor unfavorable viewpoints, they would eventually form a politically powerful population and oppress those who did not share the same mindset. Along with concerns about political speech, freedom of religious speech was a common desire. Previous incidents in English and Colonial history had occurred where certain religious views were prohibited and the people wanted to make sure that they were safe from the government’s restrictions. During his speech to the First Congress on June 8, 1789, James Madison proposed the Freedom of Speech idea to congress. He included several amendments that specifically addressed the concerns of Anti-Federalists that certain rights were not strongly protected by the Constitution. Madison said in his speech, “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments.” Congress agreed with this idea and it became part of the first amendment. Madison continued with, “No state shall violate the equal rights of conscience, or of the press.” Congress did not like this and thought that only the federal government should be prohibited from restricting certain rights,...
Words: 1900 - Pages: 8
...“Licensing and Laissez Faire” focuses on the issues of licensing within the American Medical Association (AMA). The AMA was formed to raise physicians’ incomes by paying hospitals to limit the number of physicians they train. It is well known that their strategy worked, American physicians make far more than physicians in other countries. Friedman argues that limiting the numbers of students in the admission policy violates a moral rule and is restricting freedom of opportunity; however, letting incompetent physicians practice does not seem ethical. Lastly, as the result of limiting the number of physicians there may be a shortage of physicians within a decade. Friedman strongly believed in “Laissez Faire,” and that licensure contravenes the principles of a free market to the disadvantage of all. “’Laissez Faire’ means ‘leave alone’ or ‘to allow to do’ in French and in economic terms, economics and business function best when there is no interference by the government. It is one of the guiding principles of capitalism and a free market economy. This concept assumes that each individual’s self-interest to do better, strong competition from others, and lowering taxes will lead to the strongest economy and therefore, benefit business, and everyone will benefit as a result (Hill).” However, with any licenses, Friedman sees it as interference from government or any authorities that permit the occupational or professional group to enjoy Monopoly. He also criticizes occupational licensure...
Words: 1323 - Pages: 6
