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Scenario #3a:We are not coming to work! Facts: A group of teachers went on a lawful strike. The school district hired replacement teachers. Two students,

Scenario #3a:We are not coming to work!

Facts:

  • A group of teachers went on a lawful strike.
  • The school district hired replacement teachers.
  • Two students, whose fathers were striking teachers, wore buttons with the word "scab" on them.The students distributed similar buttons to their classmates.
  • School officials prohibited the students from wearing the buttons.
  • The students sued, claiming a First Amendment violation.The lower court sided with the school district.The students then appealed.

InScenario #3adid the lower court err in allowing school officials to prohibit students from wearing the buttons?You are a judge sitting on the higher appeals court.How will you rule in this case?Which of the First Amendment cases, Tinker, Bethel, or Hazelwood would you use to support you ruling?Why?Provide reasons for your ruling.

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