Академический Документы
Профессиональный Документы
Культура Документы
Pro-Support:
Tinker v. Des Moines School District 393 U.S. 503 (1969) demonstrated that under the
first amendment, a student has the right to practice freedom of expression via clothing or
accessories. In this case, a group of students planned on protesting the Vietnam War by wearing
black arm bands on the outside of their clothing. The faculty and even some students attempted
to block the planned student protest via making threats of physical harm and suspension of the
group if students wore the arm bands. Several students backed down from their plans, but a few
wore the bands anyway, and were suspended from school. They filed suit and won their case
when the courts said that the suspensions were unconstitutional because students do not lose the
right to free speech at the door when they enter a school. The school needed to show more than
just a fear of the harsh realities that surrounded their point of view of the war. This case is similar
to the Bill Foster Case because Bill was suspended while trying to practice his first amendment
right to freedom of expression through fashion in the same way that the students in the Tinker
case were. This indicates that Bill Foster does indeed have a case.
Con-Support:
According to Bethel School District. No. 403 v. Fraser, 478 U.S. 675 (1986) a school
may restrict a students perverse speech, even if there is no disruption that occurs as a result of
the speech. This case involved Matthew Fraser, who gave a nomination speech for a friend. The
speech was full of sexually charged innuendo. Matthew was suspended for 2 days for his speech,
and filed suit. The courts upheld the suspension stating that the school board has the authority to
prohibit speech and conduct such as that displayed by Fraser. This case is similar to the Bill
Foster case in that a student was attempting to make a statement via their first amendment rights,
but in both cases, the students were suspended from school. Through the verdict in Bethel School
District v. Fraser, the courts show us that Bill Fosters rights were not violated, because the
school has the right to restrict disruptive speech and conduct and he does not have a case.
References:
Find Law (1969, February 24). Retrieved from Find Law for Legal Professionals:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=393&invol=503
Find Law (1986, July 7). Retrieved from Find Law for Legal Professionals:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=478&invol=675
Find Law (1988, January 13). Retrieved from Find Law for Legal Professionals:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=484&invol=260