Marketing Research: The U.S. Constitutional Law in Education
The instructions for this legal research paper are listed below the three cases.
[ Case A
Brown v. Board of Education (1954)
Holding: Separate schools are not equal.
In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of "separate but equal." The National Association for the Advancement of Colored People disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas, school system. In 1954, the Court reversed its Plessy decision, declaring that "separate schools are inherently unequal."
[ Case B
Bethel School District #43 v. Fraser (1987)
Holding: Students do not have a First Amendment right to make obscene speeches in school.
Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office. The Supreme Court held that his free speech rights were not violated.
[ Case C
Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002)
Holding: Random drug tests of students involved in extracurricular activities do not violate the Fourth Amendment.
In Veronia School District v. Acton (1995), the Supreme Court held that random drug tests of student athletes do not violate the Fourth Amendment's prohibition of unreasonable searches and seizures. Some schools then began to require drug tests of all students in extracurricular activities. The Supreme Court in Earls upheld this practice.
A. Resource tools for this assignment:
1. The Constitution of the United States. A copy of the Constitution and all its Amendments are located in Chapter 20 of your textbook.
2. Legal Research for this assignment can be done on LexisNexis. The link is posted on Blackboard (E-Link folder)
3. Use a similar written format of the cases that are briefed in your textbook, along with the specific instructions listed below.
B. Instructions for this written assignment:
1. For this legal research paper assignment you will select two cases from the three landmark cases listed above, and write a legal brief for the two you have selected. Each case was decided by the U.S. Supreme Court. All the cases are related to educational institutions and the Constitutional rights of the parties involved in these cases.
2. Your legal brief will contain the following information:
a. Facts: What actually happened, what was the controversy? What events led up to the case? Briefly mention any lower court decision related to this case. Name of the parties. Full name of the case. What happened factually and procedurally and the judgment.
b. Issue: State briefly what is in dispute in these cases?
c. Holding: The holding is provided for each case, and you can expand on the holding if needed.
d. Reason for the holding. This is where you will use your critical thinking skills to explain the rationale for the holding (legal analysis).
e. Discuss each party's argument concerning the ultimate legal issue.
f. At the end of your paper, write your personal commentary concerning each on the cases (how you feel about the decisions, the cases, the opposing parties, the importance of U.S. Constitution, and so on)
3. Submitting Legal Research Paper #3
a. Your paper for each case should not exceed four typewritten pages doubled spaced, and not less than three pages of content for each briefed case.
b. Use a cover page
c. Do college level work; avoid submitting written “junk”.
d. This Legal Research Paper assignment is due on Sunday, December 4, 2016 @ 6:00 P.M.
[Your Name]
[Professor]
[Course title]
[Date]
The U.S. Constitutional Law in Education
Under the First Amendment, courts treat high school students different. The U.S court approved certiorari so that a decision can be made on if the First Amendment prohibits a school district from disciplining a student in high school that gave a lewd speech during a school assembly (Forsyth).The 26th of April 1983, a respondent, Matthew N. Fraser who was a high school student at Bethel High in Pierce, Washington, made a speech that nominated a student for an elective office. The speech referred to the candidate in a graphical, elaborate sexual metaphor and this led to the student`s suspension and his removal from a list of students that would deliver a graduation speech (Essex 1).
The Issue
Matthew Fraser, a high school senior at Bethel High School, delivered a speech nominating Jeff Kuhlman for Associated Student Body Vice President. The speech had sexual innuendos, without obscenity. The speech stated that:
I know a man who is firm-he is firm in his pants. He`s firm in his shirt, his character is firm- but most of all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he`ll take an issue and nail it to the wall. He doesn`t attack things in spurts- he drives hard, pushing and pushing until finally-he succeeds- Jeff is a man who will go to the very end-even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he`ll never come [long pause] between us and the best our school can be. He is firm enough to give it everything.
Fraser had discussed this speech with two of his teachers, but they informed him on the inappropriateness of the contents of the speech and told him not to deliver the speech and if he delivers the speech, there might be severe consequences. When Fraser was delivering his speech, a school counsellor noted various students’ reaction to the speech. Some yelled, hooted, others graphically gestured simulated sexual acts pointed out in the speech, others were bewildered and embarrassed. After the assembly, the assistant principal informed Fraser that his speech had been a violation of Bethel high school disciplinary rule that prohibits using obscene language. The rule stated that “conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures.” He admitted giving his speech and intentionally using sexual innuendo in the speech. He was suspended for three days and his name would be removed from the candidates` lists for graduation speakers (478 U.S. 675).
Holdings and reasons
Review of disciplinary action
Fraser pursued for a review of the disciplinary action via the School District Grievances procedures, but they determined that the speech was indecent and offensive to the decency and modesty of the faculty and students that were present in the assembly (Forsyth). The speech was obscene and was against the disruptive-conduct rule of the school and therefore, the discipline action was affirmed. Fraser adhered to two suspension days and he was allowed to go to school on the third day (Bethel Scho...
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