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1986 Frasier made a lewd nomination speech full of sexual innuendo. The school district suspended him. The courts upheld the suspension saying the school district had the right of ìin loco parentisî which protects children, especially in a captive audience (those listening to the nomination speech), from explicit, indecent or lewd speech. In loco parentis means in place of the parent. The schools can discipline if behavior creates a material and substantial disruption. This calmed the previous ruling and came down on authority of school district to discipline students.
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TaigaBethel School District v. Fraser, 478 US 675 (1986)
The Supreme Court overturned the Ninth Circuit Court of Appeals Ruling, citing that the school did have the authority to punish students who committed lewd and indecent acts, but not necessarily obscene speech at school assemblies. This is specific to public schools.
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What case in 1949 did justice Felix frankfurter write an opionion on?
Minersville School District v. Gobitis
The 1995 court case vernonia school district v acton determined the us constitution allows schools to give high school athletes?
random drug tests.
The Tinker v. Des Moines School District (1969) case ruled that students were protected under the First Amendment. This meant that they were?
entitled to the freedom of expression.
Where did tinker vs des moines happen at?
Tinker v. Des Moines, 393 US 503 (1969)None. Tinker v. Des Moines, (1969) was not consolidated with any other cases; however, the US Supreme Court has heard several other cases related to protection of First Amendment speech subsequent to Tinker that has helped defined the constitutional limits of free speech relative to the school environment.Morse v. Frederick, 551 US ___ (2007)The Supreme Court held that the First Amendment does not prohibit schools from punishing students for publishing messages about illegal drugs.Bethel School District No. 403 v. Fraser, 478 US 675 (1986)The Court held that schools may prohibit the use of vulgar and offensive language, that sexualized speech does not enjoy the same protection as political speech.Hazelwood School District v. Kuhlmeier, 484 US 260 (1988)The Court held that public school student newspapers are subject to less First Amendment protection than commercial newspapers, or even student publications established as forums for student expression. Schools may impose restrictions on student newspaper content.
Who was the judge in the tinker case?
The Tinker, or Tinker v. Des Moines Independent Community School District, was a Supreme Court decision. Justice Abe Fortas wrote the majority opinion.
