Nick Pasotti, Megan McCue, Colbi Lehman, Natalie Faver

 vUU vUU

What would YOU do if you were the teacher?

 “Congress shall make no 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, and to petition the government for a redress of grievances” ( stitution.billofrights.html). stitution.billofrights.html

 Any form of speech (written or verbal) that is not endorsed by the school or is expressed during non-school sanctioned events.

 Tinker Test: “[The expression] may be regulated only if it would substantially disrupt school operations or interfere with the right of others” (CITATION).  Final Decision: School violated students’ First Amendment rights due to the punishment that was given to the students.  Court’s Rationale: Students’ expression did not cause a significant disruption.

 Fraser Test: “a school may categorically prohibit lewd, vulgar or profane language on school property” (CITATION P.7).  NOTE: The Court could NOT apply this test to Layshock v. Hermitage because Layshock’s web page was NOT created on school property.

 Given this information, would you change your initial decision about the issues brought up in the previous video clip?

 Final Decision: The principal did not violate the student’s First Amendment Rights.  Court Rationale: According to the U.S. Supreme Court, a principal may prohibit student speech at a school-sponsored event when the speech is promoting illegal drug use.

 Background Information: Justin Layshock was a seventeen year-old when the principal, Eric Trosch, suspended him for creating a fake MySpace.com page using an off-campus computer.

 Key Details:  Three other profiles of Eric Trosch were made by different students.  Layshock only accessed his profile once in school during Spanish class.  The profile contained inappropriate content pertaining to Trosch.  Layshock was suspended and prohibited from participating in any school-sponsored events.  Layshock filed a lawsuit claiming that his First Amendment rights were violated.

 Court Decision: The Court ruled in favor of the plaintiff, Justin Layshock, concluding that his First Amendment rights were in fact violated by the Defendants.

 Rationale of Ruling  The Court used the Tinker test to explain that the Layshock’s MySpace.com profile could not be linked to a significant disruption in the school environment.  The Court said that the ruling in Fraser did not give the school the right to punish profane, off-campus speech.  Also important: The Defendants only targeted Layshock’s off-campus speech and were unaware – until an investigation – that Layshock had accessed the profile in school.

(It’s not chess)

 Class will be divided into 2 teams w/an elected spokesperson on each team.  The more questions that you answer correctly, the more candy you get!  You have the option use just ONE lifeline throughout your turn  A. Phone a Friend = Ask a person not on your team  B. Ask the Audience = Check your handout  You need to answer a total of six questions before you win.  You have 10 seconds to answer each question  LET’S PLAY!

 What was the main amendment that Layshock claimed was violated in his case against Hermitage?  A. 14 th Amendment  B. 1 st Amendment  C. 9 th Amendment  D. 3 rd Amendment

 What was the court’s final decision in Morse v. Frederick?  A. The principal did not violate the student’s Fourteenth Amendment Rights  B. The principal did violate the student’s First Amendment Rights  C. The librarian did violate the student’s First Amendment Rights  D. The principal did not violate the student’s First Amendment Rights

 What is considered to be “off-campus” speech?  A. Any form of speech that does not pertain to school-related issues.  B. Any form of speech that is spoken off- campus, but is written while in the school environment.  C. Any form of speech that is not endorsed by the school and is expressed during non-school sanctioned events.  D. Any form of speech that is used outside of school in the United States.

 What was the court’s rationale regarding their final decision in Layshock v. Hermitage?  A. There was not a sufficient in-school disruption caused by Layshock’s off-campus speech.  B. Layshock’s actions occurred outside of the school.  C. Layshock’s actions were conducted without the principal’s consent.  D. Layshock’s friends were the original students to create the webpage, not Layshock.

 What part of the 1 st Amendment did Layshock claim was violated by the Hermitage School District?  A. Freedom of Religion  B. Freedom of Speech  C. Freedom of the Press  D. Freedom of Assembly

 In what case were students’ First Amendment rights violated for wearing armbands to school to protest the Vietnam War?  A. Layshock v. Hermitage  B. J.S. v. Bethlehem  C. Morse v. Frederick  D. Tinker v. Des Moines Independent Community School District

 In Layshock v. Hermitage, what did Layshock do to Trosch that caused Layshock a suspension?  A. He wrote a letter to the school board falsely accusing Trosch of verbal abuse to a student.  B. He vandalized Trosch’s home.  C. He created a fake My Space website of Eric Trosch, making inappropriate accusations.  D. He sent Trosch and other school board members an inappropriate .

 Who acted as the main defendant in Layshock v. Hermitage?  A. Mr. and Mrs. Layshock  B. Eric Trosch  C. Justin Layshock  D. Eric Layshock

 Which of the following situations would be considered off-campus speech?  A. Writing a letter to a friend in class.  B. Posting signs throughout the school.  C. ing a friend at home about a friend’s surprise party that is being held at your house.  D. Reading a speech at a school-sponsored event.

 Which test was NOT used by the court to explain the court’s rationale in Layshock’s case?  A. Fraser Test  B. Frederick Test  C. Tinker Test  D. Freedom of Speech Test

 In what case did students display a banner stating “Bong Hits for Jesus”  A. Layshock v. Hermitage  B. J.S. v Bethlehem  C. Morse v. Frederick  D. Bethel School District v. Fraser

 What is a nexus?  A. a maze  B. a connection  C. a wrong answer  D. a website