10 Cases every teen should know

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Presentation transcript:

10 Cases every teen should know Mr. KJ Svidron

Hazelwood School District v. Khulmeier Issue: Journalism and the First Amendment Year: 1988

Hazelwood School District v. Khulmeier Background: Three girls wrote articles, in a school newspaper, about the impact of divorce and teen pregnancy. Decision In a 5-3 decision, the Supreme Court ruled in favor of the Hazelwood School District. “Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech…reasonably related to legitimate concerns. Bottom Line: Schools can censor student newspapers.

Hazelwood School District v. Khulmeier What do you think? How many of you read the school newspaper? What controversial issues should students avoid?

Vernonia School district v. Acton Issue: Student Athletes and Drug Testing Year: 1995

Vernonia School district v. Acton Background: James Acton, a 12 year old 7th grader, wanted to try out for the football team. The district required a urine test for drugs; when Acton refused he was suspended for the season. Acton believed his 4th Amendment rights were violated. Decision In a 6-3 decision, the Supreme Court ruled in favor of the school district. “Students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges, including privacy. Bottom Line: Schools can require drug testing for athletes and those who participate in extra-curricular activities.

Vernonia School district v. Acton What do you think? If you change in front of people in Phys Ed, how private is that change? What should we do if a student athlete tests positive for drugs and or alcohol?

West Side Community Schools v. Mergens Issue: Student Clubs Year: 1990

West Side Community Schools v. Mergens Background: Bridget Mergens wanted to start an after-school Christian Club; she was denied. Mergens challenged the decision citing her First Amendment rights were violated. Decision In an 8-1 decision, the Supreme Court ruled in favor of Mergens. “We think that secondary-school students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits it.” Bottom Line: Public schools that allow student-interest clubs cannot exclude religious or political clubs.

West Side Community Schools v. Mergens What do you think? At what point do clubs become controversial? How many of you are actively involved in clubs?

Grutter v. Bollinger Issue: Affirmative Action in College Year: 2003

Grutter v. Bollinger Background: Decision Bottom Line: In 1997, Barbara Grutter was denied admission to the University of Michigan Law School. Grutter sued over consideration of race as a factor, as Michigan had admitted less qualified minority students. Decision In a 5-4 decision, the Supreme Court upheld the use of affirmative action in higher education. “Student-body diversity is a compelling state interest that can justify the use of race in university admissions” Bottom Line: Colleges can use race as a factor in admissions.

Grutter v. Bollinger Do you think that a college should be so capricious? How would you react if a person of another race was given an opportunity that you weren’t? What would you do to change this law?

DeShaney v. Winnebago County Social Services Issue: Constitutional Rights at Home Year: 1989

DeShaney v. Winnebago County Social Services Background: Four year-old Joshua DeShaney lived with his abusive father; the State had taken Joshua from him, but after three days returned the boy back to his dad. Joshua was later hospitalized, but became paralyzed and mentally disabled from the abuse. The mother sued the state for not protecting her son. Decision In a 6-3 decision, the Supreme Court ruled against the mother. The Constitution does not protect children from their parents and therefore the state is not at fault. Bottom Line: Parents have rights over how to discipline their children.

DeShaney v. Winnebago County Social Services Do you think that the State was wrong? Who should protect kids against abusive parents? What laws would you enact to insure this does not happen again?

Tinker v. Des Moines Independent School District Issue: Freedom of Speech at School Year: 1969

Tinker v. Des Moines Independent School District Background: Students wore black armbands to school to protest the war in Vietnam. They were told to remove the armbands; when they refused, they were suspended. Decision In a 7-2 decision, the Supreme Court ruled that students and teachers don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” The Court did not grant students an unlimited right to self-expression, citing that there needs to be a balance against a school’s need for order. Bottom Line: You have the right to express yourself…up to a point.

Morse v. Frederick Is this protected Speech?

New Jersey v. T.L.O. Issue: Privacy Rights at School Year: 1985

New Jersey v. T.L.O. Background: Decision Bottom Line: T.L.O. was caught smoking in a school bathroom; while in the principal’s office, the principal noticed that she had rolling papers. A search of her purse found cigarettes, rolling papers, and marijuana. T.L.O. claimed that the Principal violated her 4th Amendment rights. Decision In a 6-3 decision, the Supreme Court ruled in favor of the school, citing that students have “legitimate expectations of privacy,” but must be balanced with “maintaining an environment in which learning can take place. Bottom Line: Your belongings can be searched, but not arbitrarily.

New Jersey v. T.L.O. Do you think the school should be able to search you with reasonable cause? Why is a purse/backpack/locker considered the same by the court? When do you report something?

Ingraham v. Wright Issue: School Discipline Year: 1977

Ingraham v. Wright Background: Decision Bottom Line: James Ingraham was being disruptive in the school auditorium; the principal issued him five swats with a paddle as punishment – when Ingraham refused, he was held down and given twenty swats. Decision In a 5-4 decision, the Supreme Court upheld the decision by the school. The court said that reasonable physical discipline at school doesn’t violate the Constitution. Bottom Line: Teachers can use corporal punishment in twenty-two states. Pennsylvania outlawed the act in 2005.

Ingraham v. Wright What do you think about paddling as opposed to a suspension or detention? Do you believe the principal acted with malice? If student issues are so severe, how should school administrators deal with the issue today?

Santa Fe Independent School District v. Jane Doe Issue: School Prayer and the First Amendment Year: 2000

Santa Fe Independent School District v. Jane Doe Background: A Texas school district allowed a student “chaplain,” who had been elected by fellow students, to lead prayer before football games. Decision In a 6-3 decision, the Supreme Court ruled that the school district’s policy regarding prayer was unconstitutional. However, students may pray together, as long as the coach or other school officials are not involved. Bottom Line: Public schools cannot sponsor religious activities.

Santa Fe Independent School District v. Jane Doe Has a coach ever lead a prayer with you; if so, how does it make you feel? What about the words “God Bless You”? Does religion have a place in school?

Kent v. United States Issue: Juveniles and Serious crimes Year: 1966

Kent v. United States Background: Decision Bottom Line: Morris Kent, 16, was arrested and charged with 3 home burglaries, 3 robberies, and 2 counts of rape. He was tried as an adult but claimed he should have been tried as a minor. Decision In a 5-4 decision, the Supreme Court ruled against Morris and said that a minor can be tried and punished as an adult. However, must weigh a variety of factors when deciding whether or not to move from a juvenile court including: Age; Seriousness of crime; background; mental state. Bottom Line: Teens can be tried as adults; Death penalty abolished in 2005.

Kent v. United States Is there a thing as too young to try as an adult? Why are more kids tried as adults today? What makes a ‘kid’ grow up so fast?

10 Cases every teen should know Test Tomorrow