Supreme Court Case Story ProjectGeorge Doyle

Island Trees School District Board of Education v. Pico

The board of education ordered certain books deemed to be improper for education to be removed from their middle and upper school libraries.

The board stated the books were Anti-American, Anti-Christian, Anti-Semitic and just plain filthy.

The Question

Did the board of education’s decision that banned books deemed improper for education in the Island Trees school district violate the First Amendment?

Facts of the Case

Steven Pico was a student acting on behalf of his friend and several other students.

The Federal District Court ruled in favor of the board and the U.S. court of Appeals reversed the decision.

The case then entered the Supreme Court.

Constitutional Issue

The First Amendment grants the people freedom of speech and press without the government interfering.

Banning books was considered to be a violation of the First Amendment.

Implications

This case was huge for our First Amendment rights

On the other hand we don’t want to support inappropriate and inconsiderate books in the education system.

The Ruling

5 Votes Pico 4 Votes Against

Due to violation of the First Amendment.

“Although school boards should have a vested interest in promoting respect for social, moral, and political community values, their discretionary power is secondary to the transcendental imperfections of the First Amendment” –Supreme Court

Bethel School District v. Fraser

Matthew Fraser gave a inappropriate speech nominating another student to run for office.

Bethel High School enforced a rule prohibiting conduct that “substantially interferes with the educational process, including the use of obscene language or gestures.”

Facts of the Case

Fraser was suspended for two days as a result to the obscene gestures during the speech.

Bethel School said Frasier was mature enough to know what is appropriate and what is not.

ImplicationsThis applies to every student because if the case rules in favor of Matthew Fraser then students will be able to say or do anything in school and not be punished for it.

The Question

Does the First Amendment stop a school district from disciplining a school student for giving a inappropriate speech.

Constitutional Issue

The First Amendment grants the people freedom of speech without the government interfering.

The Ruling

7 votes for Bethel School District 2 votes against.

The court concluded that it was appropriate for the school to prohibit vulgar and offensive actions and language.

Texas v. Johnson

In 1984 Gregory Johnson burned an American Flag protesting the Reagan administration policies.

He did this in front of the Dallas City Hall

Facts of the Case

Johnson was sentenced to a one year jail term and a 2,000 dollar fine.

Texas Court of Criminal Appeals reversed the conviction.

Constitutional Question

Is the desecration of an American Flag, a from of speech that is protected under the First Amendment?

Constitutional Issue

Implications

Can the government give you jail time for forms of protest that they do not like?

This applies to every American ever.

The Ruling

5 votes Johnson, 4 votes against

The court concluded that Johnson’s burning of the flag was protected under the First Amendment. The fact that the audience takes offence to the action performed is irrelevant.

Morse v. Frederick

Joseph Frederick held up a banner that said “bong hits 4 Jesus.”

Principal Deborah Morse took away the banner and suspended him for ten days

The Facts

Frederick sued under 42 U.S.C 1983, the federal civil rights statute, alleging a violation of his First Amendment right to freedom of speech.

The district court found no constitutional violation

The district court also said if there were a violation the principal had qualified for immunity.

The U.S. Court of appeals reversed.

Stare Decisis

Tinker v. Des Moines Independent Community School District. First amendment protection to student speech except where the speech would cause a disturbance.

Bethel School District v. Fraser. It is appropriate for the school to prohibit vulgar and offensive actions and language.

Constitutional Questions

Does the first Amendment allow public schools to prohibit students from showing messages promoting the use of something banned at school, during school supervised events.

Does a school official have qualifies immunity from damages lawsuit.

Constitutional Issue

Implications

This applies to school staff looking for immunity from law suits when they are following school protocol for punishing someone who breaks the rules.

Also it applies to students around the county, and how the first amendment applies to them

The Conclusion5 votes for Morse and 4 votes against

School officials can prohibit students from displaying messages that promote illegal drug use.

Justice Thomas expressed his view that the first amendment does not apply to students. He wises to see Tinker overturned all together.

Justice Alito said the decision only applies to pro-drug messages.

They concluded the principle should have had immunity.