Presentation on theme: "Introduction--- Write the First Amendment in your notebook and UNDERLINE the SIX different protections. “Congress shall make no law respecting an establishment."— Presentation transcript:
Introduction--- Write the First Amendment in your notebook and UNDERLINE the SIX different protections. “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.”
Free Speech EXCEPTIONS!!! Obscenity Defamation Commercial Speech Time, Place, Manner Fighting words TYPES OF SPEECH Verbal vs. Nonverbal
Case Law 1. West Virginia vs. Barnette----The first Amendment not only means you have the right to speak, but the right “NOT” to speak. 2. Texas vs. Johnson—Flag burning is a form of non verbal speech and is therefore protected by the First Amendment. 3. Tinker vs. Des Moines Iowa---Student have a right to freedom of speech in school as long as their speech does not cause a material and substantial disruption.
Case Law, Cont. Melton vs. Young---Fear can be used to determine a possible, future disruption if there is real fear (must articulate facts) not mere fear Karr vs. Schmidt—Before the 1 st Amendment will apply, a person’s speech must have “sufficient communicative value” (It first must be “speech”) Bethel School District No. 403 vs. Fraser—School officials may decide and restrict speech that is vulgar and lewd and “Undermines the school’s basic Educational Mission” Double Entendres –(double meaning) Fraser speech–Fraser speech
Case law cont…. Banned booksBanned books Pyle vs. South Hadley High School—a State’s legislature is free to grant greater rights to the citizens of the Commonwealth than would otherwise be protected under the United States Constitution. Morse vs. Frederick story The nature of student speech rights is what is appropriate for children in school. The “special characteristics of the school environment” allow the school to restrict speech if it controls speech that reasonably promotes drug use. Argument in CourtstoryArgument in Court Island Trees Union Free School District vs. Pico—Banned books— not text books but library books—not selection of books but removal of books already purchased.—Students have the right to “receive information and ideas” Although school boards have a role in determining their budgets and libraries, they may not use that discretion in a narrowly partisan or political manner. Banned Books
Case Law Cont. Good News Club---Since the school is a limited public forum, the school may not discriminate against the club based upon based upon their viewpoint UNLESS that viewpoint goes against the purpose of the public forum.
5 Subjects or ideas that should be banned. 1 2 3 4 5
Intro---write the items AK would ban on a T-Shirt worn to school List the names of the products and then vote: Unfortunately named products
1984---Free Speech Documentary 1984 Free Speech Documentary Coach disciplined for speech South Hadley NC Law on Bullying
How does Tinker apply to this? Teacher Story Teacher Story While watching answer the following: 1. What is the school’s attitude? 2. What is the issue? Is it 1 st Amendment or consequences associated with it? 3. Is she protected under the law? 4. What has the courts held? What case has the court used? (Listen to the words) 5. What is the “primary” role of the school? 6. Are these photos “no big deal”? 7. Are teachers “role models?” 7. What do you think?
Warm--up Mr. George is known as a big jerk at Ardrey Kell. When Mr. George asks the student a question, he expects them to say, “Yes Sir” and “No, Sir”. Naomi Nomind refused to say Yes Sir to Mr. George. She says she does not say it to her own father, she does not have to say it to a jerk like Mr. George. She is suspended for not saying Yes Sir to Mr. George.
Warm-Up #2—Give the best argument for both the school and Johnny!!—Put in writing section Johnny and Mary have loved each other since 3 rd grade. They have always enjoyed going for long walks in the woods, holding hands and skipping joyously. Johnny and Mary’s third anniversary is coming up and Johnny wanted to do something special to show his love for Mary. Johnny was going to wear a suit made of tree branches to school. The tree signified their love of walking through the woods. Three years earlier, four students were beaten in the café by the “Barkies” gang. The “Barkies” beat their victims with tree branches. Johnny wore his tree outfit to school. It had numerous branches that scratched people in the halls. Principle Hardbark told Johnny to take his ridiculous outfit off. Johnny refused…..he was suspended.
Warm-up In 1999, Adam Henery, a sophomore at St. Charles High School in Missouri, was running for junior class president. He signed a contract to follow the school’s election rules, including the requirement that all flyers and posters be approved in advanced. Adam got approval for his campaign slogan, ”Adam Henery: The Safe Choice.” On election day, he passed out to fellow students condoms that had his campaign slogan written on the wrapping. Although he won the election, the school disqualified him because they said he did not get clearance to distribute condoms.
Extra fact patterns In honor of the love John feels for Mary, he decided to have a shirt made up with a large heart on the front of it. In the heart John wrote the words, “I want you to have my baby, Mary….eventually.” John was told to take the shirt off…he refused and was suspended. 1. Argue the constitutionality of the suspension. 2. Change one fact which would change your above argument. The next day after the suspension, John wrote in the heart on his shirt the words, “your love is my drug, baby” Argue #1 and #2 again.