Section Should school authorities have the right to censor student speeches or newspapers? Why or why not?

Transcription

1 Study Guide 13.1 Supreme Court Cases Section 1 DIRECTIONS As you read the Case Study, use the graphic organizer below to take notes. In the space below to record your answers to the What Do You Think? questions at the end of the Case Study. Save your responses. At the end of Section 1, you will consider these questions again. 1. Are protests like the Tinkers disruptive of school activities? Explain your point of view. 2. Should school authorities have the right to censor student speeches or newspapers? Why or why not? 3. Is the Tinker test an adequate way to handle issues related to students freedom of expression? Why or why not?

2 Supreme Court Cases What You Need to Know Section 1 DIRECTIONS Use the chart below to take notes on Section 1. What is the establishment clause? FREEDOM OF RELIGION How did the Supreme Court rule in these establishment clause cases? Engle v. Vitale (1962) Abington School District v. Schempp (1963) Wallace v. Jaffree (1985) Santa Fe Independent School District v. Doe (2002) Westside Community Schools v. Mergens (1990) Epperson v. Arkansas (1968) Edwards v. Aguillard (1987) What is the free exercise clause? How did the Supreme Court rule in these free exercise clause cases? Reynolds v. United States (1879)

3 Section 1 continued What You Need to Know West Virginia State Board of Education v. Barnette (1943) FREEDOM OF RELIGION Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) Goldman v. Weinberger (1986) Employment Division v. Smith (1990) City of Boerne, Texas v. Flores (1997) As established in Chaplinsky v. New Hampshire (1942), what are the three types of unprotected speech? How has the Supreme Court viewed student speech? FREEDOM OF SPEECH Political Speech Vulgar and Obscene Speech

4 Section 1 continued What You Need to Know Speech Codes FREEDOM OF SPEECH Cyberspeech What is the right of petition? FREEDOM OF PETITION AND ASSEMBLY What is the right of assembly? What limits have been placed on the right of assembly and petition? What limits have been placed on the right of assembly and petition for students? STUDENT ASSEMBLY

5 Supreme Court Cases Student Simulation Section 1 The Play s the Thing Apply what you have learned from the Case Study and the What You Need to Know to help you complete the simulation. THE SITUATION Students from the drama club and school newspaper of Home City High School have filed suit against the school district in federal district court, alleging that school officials have violated their First Amendment rights. Order of the Trial First, prepare for your role as assigned by your teacher. Then, follow these steps to conduct the trial. 1. The judge seats the jury. 2. The judge calls the trial to order. 3. The judge calls on the plaintiffs attorneys to make their Plaintiffs attorneys make their 4. The judge calls on the defendant s attorneys to make their Defendant s attorneys make their 5. The judge calls plaintiffs witnesses one by one. Plaintiffs attorneys question each witness. 6. Defense attorneys cross-examine each of the plaintiffs witnesses if they choose. 7. The judge calls the defendant s witnesses, one by one. Defense attorneys question each witness. 8. Plaintiffs attorneys cross-examine each defense witness, if they choose to do so. 9. The judge calls for plaintiffs amicus curiae briefs. The CLAA presents its brief. The CFSP presents its brief. 10. The judge calls for the defense s amicus curiae briefs. The AUC presents its brief. The ASAUS presents its brief. 11. The judge calls for closing statements. 12. The plaintiffs attorneys present their closing statement. 13. The defendant s attorneys present their closing statement. 14. The judge charges the jury. 15. The jury goes into deliberation to decide the case. 16. The jury gives their verdict to the judge. The judge reads the verdict. Original content Copyright by Holt McDougal. Additions and changes to the original content are the responsibility of the instructor. Chapter Student Casebook

6 Section 1 continued Student Simulation THE TASKS Use the lists to help you prepare and complete your assigned role in the simulation. Put a check by each item as you complete it. Federal Judge Seat the jury and call trial to order. Call on the plaintiffs attorneys to make their Call on the defendant s attorneys to make their Call each plaintiff witness to testify. Allow the defendant s attorneys to cross-examine each plaintiff witness. Call defendant s witnesses to testify. Allow the plaintiffs attorneys to cross-examine each defense witness. Call on the plaintiffs attorneys to make their closing statement. Call on the defendant s attorneys to make their closing statement. Call on the jury to decide whether or not the First Amendment rights of the Home City High School plaintiffs have been violated. Attorneys for Each Side Research similar First Amendment cases and apply them to this case: Cases favoring plaintiffs: Zorach v. Clauson (1962), Good News Club v. Milford Central School (2001) Cases favoring defense: DeNooyer v. Livonia Public Schools (1993), Boring v. Buncombe Board of Education (1998) Decide how you will prove your case. Decide what questions to ask the witnesses. Write your Write questions for the witnesses. Present your Question each of your witnesses. Cross-examine the other side s witnesses. Write your closing statement. Present your closing statement. Expert Witnesses/Amicus Curiae Do research on cases and constitutional law related to the case. Cases favoring plaintiffs: Zorach v. Clauson (1962), Good News Club v. Milford Central School (2001) Cases favoring defense: Hazelwood School District v. Kulhmeier (1988), DeNooyer v. Livonia Public Schools (1993) Write your amicus curiae brief. Present your brief to the judge. Other Witnesses Give your testimony. Respond only to the questions asked you by each side s attorneys. Do not volunteer any information. Jurors Listen to each side s opening statements, witnesses, and closing statements. Original content Copyright by Holt McDougal. Additions and changes to the original content are the responsibility of the instructor. Chapter Student Casebook

7 Section 1 continued Student Simulation Read the amicus curiae briefs. Take notes during the trial. Deliberate the case. Your decision must be unanimous. Give your verdict to the judge. THE TESTIMONY Witnesses should use the following information as the basis for their testimony during the trial. School Principal: Testimony The drama club asked permission to present a play about a historical religious figure to the student body. Concerns about violating the Establishment Clause of the First Amendment caused permission to be denied. The drama club was informed of this decision in a timely manner. A student petition to allow the play was stopped and the student who was circulating it was suspended because circulating petitions in school is against school rules. School officials also have the power to reject articles for the school newspaper that they feel are inappropriate or disruptive. Drama Club Members: Testimony Some students wrote a play about a historic religious leader they were studying in world history class. They first asked permission to present the play at an all-school assembly. The principal denied that request. Next they offered to stage the play during lunch period, so that only students who wished to see the play could attend. That request also was denied. School Newspaper Editor: Testimony The Home City High School newspaper is printed as part of the school s journalism class. One of the student reporters wrote a story about the drama club play and the student petition. The journalism teacher would not give the class approval to publish this story. DEBRIEFING After the jury has reached its verdict, discuss its findings as a class. Assess whether the jury, the attorneys, and expert witnesses for each side correctly applied the First Amendment and case law in this trial. Then write a one-page summary explaining whether you agree with the verdict and why. Original content Copyright by Holt McDougal. Additions and changes to the original content are the responsibility of the instructor. Chapter Student Casebook