Important Case Briefs

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Important Case Briefs
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Tinker v Des Moines

• Topic
• Students First Amendment rights
• Supreme Court Decision
• In a 7 to 2 decision, the U.S. Supreme Court
  determined the students wearing of the armbands
  as a silent expression was protected by the First
  Amendment. The school failed to demonstrate that
  the actions of the students would interfere with
  appropriate school discipline.

• Educational Significance
• Students rights are protected under the First
  Amendment in as much as they do not disrupt the
  learning environment.
• School administrators have the burden of
  proving that a particular demonstration of
  expression will be significantly disruptive.
• Merely a desire to avoid the discomfort and
  unpleasantness of an unpopular view is not enough
  to justify the prohibition of the expression.
• When making determinations on disciplinary
  policy that may bring into question a students
  First Amendment rights, other cases should be
  noted as examples (i.e. Bethel School District v.
  Fraser, Morse v. Frederick, and Hazelwood v.
  Kuhlmeier)

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Bethel School Dist v Fraser

• Topic
• The issue involved is whether or not students can
  say whatever they please with regard to the First
  Amendment during a public school forum.
• Ruling
• On additional appeal, the U.S. Supreme Court
  found that while public students have the right
  to advocate unpopular and controversial issues in
  school, that right must be balanced against the
  schools' interest in teaching socially
  appropriate behavior.
• A public school may legitimately establish
  standards of civil and mature conduct. The Court
  observed that such standards would be difficult
  to convey in a school that tolerated lewd,
  indecent and offensive speech and conduct that
  the student in this case exhibited. In
  conclusion, the school district's decision was
  upheld.

• Educational Significance
• School officials may restrict freedom of
  expression where there is evidence of material
  and substantial disruption, indecent or offensive
  speech, violation of school rules, destruction of
  school property, or disregard for authority. In
  each case, students must be provided minimal due
  process before any punitive action is taken.
• Buttons, pamphlets, and other insignia may be
  banned if the message communicated is vulgar or
  obscene or mock others based on race, origin,
  color, sex, or religion.

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New Jersey v TLO

• Topic
• Unwarranted searches ad seizure of property
• Ruling
• The supreme court of New Jersey reversed the
  appellate divisions ruling and ordered the
  evidence found in T.L.Os purse suppressed.
• The court proceeded to hold that whenever an
  official search violates constitutional rights
  the evidence may not be used in a criminal case
  they deemed the Choplicks search was not
  reasonable. The mere possession of the cigarettes
  was not a violation of school rules therefore a
  desire for evidence of smoking did not justify
  the search.

• Educational Significance
• Be extremely cautious when accusing or searching
  students
• Be aware of all rules and the fine print.
• Document all actions when dealing with behavior
  incidents
• Make sure there is reasonable suspicion to do the
  search and seizure initially

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Hazelwood v Kuhlmeier

• Topic
• The high school principal prevented the school
  publication of Spectrum that profiled three
  pregnant students and quoted other students on
  reasons for their parents divorce. The
  principal was afraid that the identity of the
  three students would be revealed, sexual activity
  content was too graphic for younger students, and
  parents of students were not able to respond to
  comments made by students.
• Ruling
• Supreme Court reversed the ruling that the
  principal did not violate students free speech
  rights by ordering certain material removed from
  an issue of the student newspaper. Students
  First Amendment rights are not the same as those
  of adults due to the special characteristics of
  the school environment.

• Educational Significance
• The Hazelwood ruling has important implications
  for student newspapers that are part of the
  schools curriculum in that restrictions may be
  placed on them based on reasonable grounds.
  Administrators may exercise greater authority in
  monitoring student press but care should be taken
  not to violate the student rights in the process.
  This may exercise content-based control over
  student expression and use of restricting student
  speech. Some states have passed laws guaranteeing
  that non-forum newspapers, such as the Hazelwood
  East High School newspaper, are guaranteed the
  rights that the First Amendment describes.

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Goss v Lopez

• Topic
• Due process Hearing or notice Procedure when
  suspending a student for up to ten days.
• Ruling
• The state law was found unconstitutional both by
  the federal district court and again by the
  Supreme Court. The case determined that students
  facing suspensions of up to ten days or less were
  entitled to
• 1. oral or written notice of charges
• 2. an explanation of evidence to be used against
  them, and
• 3. an opportunity to present their side of the
  issue

• Educational Significance
• Due process is a right of everyone according to
  the U.S. Constitution
• Every student must be given notice (oral or
  written) of the misconduct, an
  explanation of the evidence, and an
  opportunity for a hearing.
• Ensure every situation is handled carefully and
  the due process is adhered to.
• Ensure school policies align with state and
  federal law.
• Note that suspensions of more than 10 days
  require more formal procedures.

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Lee v Wiseman

• Topic
• Inclusion of clergy to offer prayer as part of
  public school ceremonies
• Ruling
• The U.S. Supreme Court held that "Including
  clergy who offer prayers as part of an official
  public school graduation ceremony is forbidden by
  the Establishment Clause.
• Prayer exercises in elementary and secondary
  schools carry a particular risk of indirect
  coercion. The school district's supervision and
  control of a high school graduation ceremony
  places subtle and indirect public and peer
  pressure on attending students to stand as a
  group or maintain respectful silence during the
  invocation and benediction...
• The petitioners' argument that the option of not
  attending the ceremony excuses any inducement or
  coercion in the ceremony itself is rejected. In
  this society, high school graduation is one of
  life's most significant occasions, and a student
  is not free to absent herself from the exercise
  in any real sense of the term 'voluntary'..."
• The United States Supreme Court affirmed the
  United States Court of Appeals for the First
  Circuit judgment.

• Educational Significance
• This case clarifies that clergy may not lead the
  student body in prayer at a school-sponsored
  event. If administrators are approached about
  having clergy members offer a prayer at a
  school-sponsored event, suggest that they meet
  before the event to allow interested members to
  participate so that no one is excluded in their
  right to convene, and in protecting those that
  might be opposed, such allowance would protect
  them in their right to be free from what may be
  interpreted as coercion by this group.

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Wisconsin v Yoder
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Stevens v Chesteen

• Topic
• Does a brief absence from class constitute breach
  of duty of reasonable supervision.
• Ruling
• The court ruled in favor of Chesteen noting that
  his absence in this situation does not breach his
  duty of reasonable supervision. Teenagers like
  Stevens often participate in pick-up football
  games that are completely unsupervised. This
  case involved a touch football game, and not a
  tackle game, thus making violent collisions
  involving bystanders unlikely.

• Education significance
• It is important for all teachers to properly
  supervise student to the best of their ability.
  If a child is restricted from participating in
  physical education class that student must be
  well away from any activity that could cause
  injury to them. Necessary precautions for this
  situation should be in writing and included in
  the class syllabus to avoid any legal troubles.
  One possible solution is moving injured student
  to the library to finish a written assignment
  about nutrition or exercise as a possible
  alternative while their injury heals.

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Cox v. York County School Dist. No. 083.
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C. Patricia Skinner v. Ogallala Public School
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Mitchell Crider v. Bayard City Schools.
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Norman v. Ogallala Public School.