Module 1 Case Study
Is free speech different for public school students than for the general population? Yes, because if you saying something that disrupts the learning environment or bends the rules then in some cases it should be stopped. For example in the Bethel vs. Fraser case if he used language that was offensive, to let’s say a particular race in the school that could cause a fight, which would result in suspension on the participants, and could possibly affect their grades.
Do school officials have a right or an ethical obligation to restrict First Amendment rights for students? This goes back to the first question of course they have to try and stop it. But ultimately the choice is going to be made by the supreme court if taken that far. As it was in all four of these cases and the Supreme court based on the data I have written down 75% of the time sides with the school.
How have the courts shaped the issue of student speech over time? Well, with the Tinker case they sided with the student, so I think they opened the doors for other students to argue their case in reference to the Tinker case. It has promoted more students to say what they want and try to argue it because of this particular case and others too. I am sure most students were and are hoping on the principle of stare decisis.
Also I would like to add that the School and The supreme court is kind of like the Federal government and the State government. In ways such as they depend on each other and one is ultimately superior than the other.
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