Presentation on theme: "Lemon v. Kurtzman (1971) Summary of Case: Pennsylvania's schools were giving public school money to private schools in the surrounding area. Most of which."— Presentation transcript:
Lemon v. Kurtzman (1971) Summary of Case: Pennsylvania's schools were giving public school money to private schools in the surrounding area. Most of which were Catholic schools.
Answer the Question: Can Pennsylvania schools do this?
Ruling No. Pennsylvania schools could not give money to private schools because of the Establishment Clause of the First Amendment. The Lemon Test came out of this case. (Precedent)
Summary of the Case Three students; John Tinker, Mary Beth Tinker, and Christopher Echardt, decided to protest the Vietnam War by wearing black armbands to their school in Des Moines, Iowa. Fearing that the armbands would cause a distraction, the principals of the district said all students wearing armbands would have to take them off or face suspension. Question : Can schools prohibit (not allow) students from wearing armbands in public school, as a form of symbolic protest under the first amendment?
Ruling: - In a 7-2 decision the Court decided that students can wear armbands. This is protected under the First Amendment, freedom of expression. -The principals failed to show that the armbands interfered with the school day.
Summary of the Case The Spectrum, a school-sponsored newspaper of Hazelwood East High School, was written and edited by students. In May 1983, the school principal found two of the articles dealing with teen pregnancy and divorce to be inappropriate for a High School newspaper and the articles were removed. Question : Is the principal allowed to delete these articles? Or does it violate freedom of press under the first amendment?
Ruling: The Court ruled that schools must be able to set high standards for student speech. School Administrators have the right to edit a school newspaper. The principal was allowed to do this.
Bethel v. Fraser (1983) Summary of Case: At a school assembly, Matthew Fraser delivered a speech with vulgar and suggestive language. He was suspended for two days. Question: Does the First Amendment protect Matthew Fraser’s freedom of speech?
Ruling: The Court ruled that it was fine for the school to prohibit (stop) the use of lewd and offensive language. Chief Justice Burger said there is a difference between political speech (Tinker v. Des Moines), and the supposed sexual content of Fraser's speech at the assembly. Schools can prohibit this inappropriate speech.
Morse v. Frederick (2006) At a school-supervised event, Joseph Frederick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. The Principal took away the banner and suspended Frederick for ten days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs.
Question: Does the First Amendment allow public schools to stop students from displaying messages that promote the use of illegal drugs at school-supervised events?
Ruling: The Court ruled that the school was allowed to stop student speech when it comes to pro-drug messages that may undermine the school's important mission to discourage drug use.