1. Student Speech

2. Read the article at your desk  Not safe to display American flag in American high school

3. Discussion  What is your initial reaction?  Do you agree? Disagree? Why?  What were some reasons (from the article) that the appeals court gave for their decisions?  What was the ruling under Tinker  What is a “heckler’s veto”?

4. Stare Decisis  Latin term that means “let the decision stand”  Most of the time, judges will not overturn an earlier court’s decision  Yes, this does happen, but that is usually due to social change or a change in justices  Supreme Court creates public policy by interpreting a law (substantive) or a government procedure (procedural)

5. Precedent  After interpreting laws and procedures, the Supreme Court makes a ruling. This creates a precedent.  The ways lower courts will rule in similar situations  Maintaining the precedent is called stare decisis

6. Tinker precedent  http://www.youtube.com/watch?v=SqQv ygBVSxA http://www.youtube.com/watch?v=SqQv ygBVSxA  Under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech.

7. Look at the article again  In what ways did the 9 th Circuit Court of Appeals uphold the Tinker precedent?  The Tinker standard: 1. Does the speech “materially and substantially” interfere with the school day? 2. Does the speech interfere with the rights of other students?

8. What is free speech? (this is where you start your notes)  Free speech is a fundamental right that is intended to protect individuals who have unpopular views

9. Limitations on Free Speech  Libel (written) and slander (spoken): defamation that attacks a person’s reputation  Obscenity  Symbolic speech

10. Cases you need to know about student free speech  Tinker v. Des Moines: 1. Does the speech “materially and substantially” interfere with the school day? 2. Does the speech interfere with the rights of other students?  Bethel School District No. 403 v. Fraser: Schools may prohibit vulgar or offensive language  Hazelwood School District v. Kuhlmeier: Schools may censor student publications  Morse v. Frederick (Bong hits 4 Jesus): Students have right to political speech but not the right to advocate illegal drug use

11. Work on your cases

12. Student Search and Seizures  http://www.youtube.com/watch?v=t9QQ CiT1e_w#t=15 http://www.youtube.com/watch?v=t9QQ CiT1e_w#t=15

13. Cases you need to know  Goss v. Lopez: schools must go through a procedure (ensures due process) before suspending students  New Jersey v. T.L.O.: School officials must have reasonable suspicion before conducting student searches  Safford Unified School District v. Redding: based on a reasonable suspicion, search measures used by school officials to root out contraband must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.  Board of Education v. Earls: Schools may conduct urine drug tests to students who are involved in extracurricular activities

14. Work on your individual speeches

15. Student Freedom of Religion

16. Read Texas Judge, Siding With Cheerleaders, Allows Bible Verses on Banners at School Games

17. Discussion  What is your initial reaction?  Do you agree? Disagree? Why?  What were some reasons (from the article) that the judge gave for his decisions?  What does galvanized mean?

18. Lemon Test  The statute must have a secular legislative purpose  Its principal or primary effect must be one that neither advances nor inhibits religion;  The statute must not foster an excessive government entanglement with religion.

19. What’s the issue?  Establishment Clause  The government may not establish a religion  Free Exercise Clause  The government may not prevent you from exercising (practicing) your religion

20. What does the Supreme Court Say?  Engel v. Vitale  Schools cannot lead students in prayer  Wallace v. Jaffree  Laws intended for religious purposes are not constitutional  Moment of silence=OK  Moment of silence for voluntary prayer=not OK

21.  Lee v. Weisman  Even nondenominational prayer at schools violates the establishment clause  Santa Fe. Independent School District v. Doe  Not even students (who are not agents of the state) can lead a prayer over the loud speaker  Students may have prayer as private speech, but once amplified, speech is no longer private

22. http://www.youtube.com/wat ch?v=00bogJ7Cp54  Which of these cases applies to the news article?