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The First Amendment By Michael Flax. The First Amendment Five Parts.

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Presentation on theme: "The First Amendment By Michael Flax. The First Amendment Five Parts."— Presentation transcript:

1 The First Amendment By Michael Flax

2 The First Amendment Five Parts

3 The First Amendment 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.

4 The First Amendment Freedom of Speech Freedom of the Press Freedom of Religion Freedom to Peaceably Assemble Freedom to Petition

5 Freedom of Speech By Michael Flax

6 Free Template from Freedom of Speech Most courts have divided student speech into these three categories: –I. Vulgar, lewd, obscene, and plainly offensive speech (Fraser standard)11 –II. School-sponsored speech (Hazelwood standard) –III. All other student speech (Tinker standard) 22

7 Free Template from Tinker v. Des Moines School Dist., 393 U.S. 503 (Year_____) Several students planned to wear black armbands to school to protest U.S. involvement in the Vietnam War and mourn the dead on all sides. ___________________________________ ___________________________________

8 Free Template from Tinker v. Des Moines School Dist. The students nonetheless wore the armbands to school. ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________

9 Free Template from Tinker v. Des Moines School Dist. Issue –Whether school officials can censor non-violent student speech without showing that the speech will cause a material and substantial disruption of school educational activities or collide with the rights of others.

10 Free Template from Tinker v. Des Moines School Dist. By a _____ vote, the Court held that school officials cannot censor student speech unless ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________

11 Free Template from Tinker v. Des Moines School Dist. School officials’ duties to provide a safe learning environment must be balanced against students’ free-expression rights. ___________________________________ ___________________________________ ___________________________________

12 Free Template from Tinker v. Des Moines School Dist. "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." (Justice _____________)

13 Free Template from Tinker v. Des Moines School Dist. Opposing Justice said: I wish, therefore, wholly to disclaim any purpose on my part to hold that the Federal Constitution compels the teachers, parents, and elected school officials ________________________________________ ________________________________________ _______________________________________." (Justice ________________)

14 Free Template from Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (year _____) A public high school student delivered a nominating speech on behalf of another student at a student assembly. ___________________________________ ___________________________________ ___________________________________

15 Free Template from Bethel School Dist. No. 403 v. Fraser ___________________________________ ___________________________________ The student contended that the suspension violated his First Amendment rights because his speech caused no disruption of school activities within the meaning of Tinker.

16 Free Template from Bethel School Dist. No. 403 v. Fraser Issue –Whether school officials may prohibit a vulgar and lewd student speech at a student assembly even if the speech does not create a substantial disruption.

17 Free Template from Bethel School Dist. No. 403 v. Fraser In a _____ decision, the Court held that school officials may prohibit student speech ___________________________________ ___________________________________ ___________________________________

18 Free Template from Bethel School Dist. No. 403 v. Fraser “Surely, it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse.” The vulgar sexual allusions of the student in this case differ markedly from the pure political message of the black-armband case of Tinker.

19 Free Template from Bethel School Dist. No. 403 v. Fraser ___________________________________ ___________________________________ ___________________________________. They were punishing the student for using vulgar and lewd terms at a student assembly.

20 Free Template from Bethel School Dist. No. 403 v. Fraser For: “The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's countervailing interest in teaching students the boundaries of socially appropriate behavior.” (Justice____________________________)

21 Free Template from Bethel School Dist. No. 403 v. Fraser Against: “ It does seem to me, however, that if a student is to be punished for using offensive speech, ______________________________________ ______________________________________ ______________________________________ ______________________________________ _____________________________________.” (Justice _____________________)

22 Free Template from Work Cited 1 A few courts have determined that the Fraser case only applies to vulgar student speech that is school sponsored. See D.G. v. Independent Sch. Dist. No. 11, 2000 U.S. Dist. LEXIS (N.D. Okl.)(8/21/2000). 2 See Chandler v. McMinnville Sch. Dist., 978 F.2d 524 (9th Cir. 1992).


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