Modern Case Study

You have already learned a great deal about the basics of U.S. law. Even today, the U.S. Supreme Court regularly examines laws that limit or otherwise affect people's constitutional rights. To demonstrate your learning, you will evaluate a modern scenario. You will answerreflection questionsbased on one scenario of your choice.

Select oneof the following topic options:

Option A:Can a student be punished by their school for posting on social media?

Option B:Do students have a right to privacy of their personal belongings at school?

Both options are compelling and based on real case scenarios. Read through both before making your selection.

Option A:Can a student be punished by their school for posting on social media?

Can a student be punished by their school for posting on social media?

The First Amendment protects U.S. citizens' right to freedom of speech. There is much debate on what should be allowed in public spaces such as schools. The courts have settled debates over what restrictions, if any, are acceptable. The Supreme Court case ofTinker v. Des Moinesis a landmark case and precedent for later free speech conflicts in public schools. Examine these two cases related to the First Amendment in schools.

To begin, review the caseTinker v. Des Moines(1969).

The Facts: Three students in Des Moines, Iowa, received school suspensions in 1965 for refusing to remove black armbands they were wearing. They wore the armbands to protest the war effort in Vietnam. John Tinker, Mary Beth Tinker, and Chris Eckhart, along with their parents, sued the school district. They claimed that the suspensions were unjustified, that mandating the removal of the armbands was a violation of their First Amendment rights. The school district argued that the students' actions were a disruption.

The Decision: The Supreme Court set a landmark precedent on student speech by ruling on this case. It said that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." In other words, it ruled that students do enjoy First Amendment rights while in school. Yet it did not say this right was without limits. Since a school must maintain order to ensure a proper learning environment, student speech must not disrupt learning activities, school events, or others' rights. This is the "Tinker test" used to evaluate issues of student speech today.

Now, examine the case ofMahanoy Area School District v. B.L(2021).

The Facts: A student known as B.L. from Mahanoy Area High School in Pennsylvania made the junior varsity cheer team and was upset that she did not make the varsity cheer team. B.L. posted on social media a picture of herself and a caption that was filled with expletives. Students who saw the post showed it to the cheer team coaches who suspended B.L. for violating team and school social media rules. In turn, B.L. sued the school for violating her First Amendment rights. The district court and the U.S. Court of Appeals ruled in her favor.

The Decision: The Supreme Court ruled 8-1 in her favor. They determined that public schools can regulate speech and behavior on campus. However, the Court applied the Tinker test and determined that students do not "shed their constitutional rights to freedom of speech or expression" when they are at school. The school can regulate indecent, lewd, or vulgar speech on school property, speech that encourages drug use during school-sponsored trips, and speech that is expressed through school-sponsored activities like the school newspaper. In B.L.'s case, the Court decided her parents were responsible for regulating her behavior, not the school.

Option B:Do students have a right to privacy of their personal belongings at school?

Do students have a right to privacy of their personal belongings at school?

The Fourth Amendment protects Americans from "unreasonable searches and seizures." Yet most agree there should be limits to this right in public spaces such as courthouses and schools. The courts have settled debates over what restrictions are acceptable. The Supreme Court case ofNew Jersey v. T.L.O.is a landmark case and precedent for later search and seizure conflicts in public schools. Examine these two cases related to the Fourth Amendment in school.

First, read the summary ofNew Jersey v. T.L.O.(1985).

The Facts:A ninth grade student in New Jersey was smoking in a school bathroom when a teacher discovered her. The school principal questioned her and, with her permission, examined her purse. She had cigarettes, rolling papers, and marijuana in her purse. Police arrested the 14-year-old, who admitted to selling drugs at school. The court found her guilty of marijuana possession and sentenced her to probation. T.L.O. appealed because she thought the search of her purse was a violation of her rights under the Fourth Amendment.

The Decision:The Supreme Court did not agree, finding that the school's search of her purse was reasonable. It ruled that students do have some right to privacy, but schools have a responsibility to maintain order and an effective learning environment. Since the student was found smoking, in violation of school rules, the court said this was reasonable suspicion. It ruled her actions to be sufficient cause for school officials to search her purse. Thus, schools may search a student's property when there is "reasonable suspicion" the student has broken a school rule, committed a crime, or been in the process of committing a crime.

Now, read the summary ofVernonia School District v. Acton(1995).

The Facts:James Acton was in seventh grade and an aspiring football player for his school in Oregon. The school required drug tests at the beginning of the season and randomly throughout for all student athletes. James's parents would not consent to the testing because they said there was no evidence their son used drugs or alcohol. Because he would not participate in the testing, the school would not allow James to participate in sports. With his parents, he sued the school district for violating his rights under the Fourth Amendment. Their argument was that conducting the drug tests without legitimate suspicion of a problem was an unreasonable search.

The Decision:The Supreme Court ruled on the side of the school district. Drugs had been an increasing problem in the area, especially among its student athletes. The school instituted the drug testing policy along with prevention programs to try to deter drug use.

Take the Stand

The question at the heart of each option is called a "judicial question." This means it is a controversial matter that will be resolved by a judge or group of judges. Judicial questions require such detailed analysis of the law that it must be left to legal experts rather than a jury. However, in this case study, you will "take the stand" even as you analyze the real-life Court decisions.

:

complete the01.06Basics of U.S. Law Case Study Template below:

Basics of U.S. Law Case Study Reflection

Use the cases in your chosen scenario option from above, as well as information from all of your lessons, to respond to the following reflection questions. Your responses will be graded on content and quality. Use factual details and even quotes where appropriate to explain or justify each response. Be sure to write complete paragraphs using proper spelling and grammar.

In your own words, write a summary of the two cases in your chosen option. Use each case by name.

Identify the constitutional amendment that relates to the cases in your chosen option. What rights does this amendment protect and why?

How are these two cases similar to each other? Explain why the earlier case was a precedent for the later case decision.

Recall that SCOTUS decisions are not always unanimous. Do you agree with the Court's more recent decision in your chosen option? Explain your reasoning.

A student posts a video to social media waving a weapon and saying that "justice is coming" for their bullies at school. Another student reports the video. School officials search the student and find the weapon. Police arrest the student and the school district expels them. The student claims the school violated their rights. The student says the video was merely venting, and the weapon was only for self-protection. Based on what you have learned, how do you think the Court would rule in this incident? Explain your reasoning.

Reflection

Use the cases in your chosen scenario option from above, as well as information from all of yourlessons, to respond to the following reflection questions. Your responses will be graded on content and quality. Use factual details and even quotes where appropriate to explain or justify each response. Be sure to write complete paragraphs using proper spelling and grammar.

In your own words, write a summary of the two cases in your chosen option. Use each case by name.

Identify the constitutional amendment that relates to the cases in your chosen option. What rights does this amendment protect and why?

How are these two cases similar to each other? Explain why the earlier case was a precedent for the later case decision.

Recall that SCOTUS decisions are not always unanimous. Do you agree with the Court's more recent decision in your chosen option? Explain your reasoning.

A student posts a video to social media waving a weapon and saying that "justice is coming" for their bullies at school. Another student reports the video. School officials search the student and find the weapon. Police arrest the student and the school district expels them. The student claims the school violated their rights. The student says the video was merely venting, and the weapon was only for self-protection. Based on what you have learned, how do you think the Court would rule in this incident? Explain your reasoning.

Thank you may god bless you :) :0