The school principal objected to two articles in the May 13 issue of the school newspaper Spectrum. One article discussed students' experiences with pregnancy, the other discussed the impact of divorce on students at the school. The principal was concerned that the students mentioned could be identified, and that the articles contained inappropriate content. He ordered the pages with those articles removed. The student journalists sued, arguing their free speech rights were violated. The court must determine if school officials can censor student speech in school-sponsored publications.
International Humanitarian Law, (Lecture 15)- Distinction between internation...Nilendra Kumar
This presentation explains the nature of an armed conflict and the salient differences between international armed conflict and non international armed conflict while also highlighting its relevance there to.
International Humanitarian Law, (Lecture 15)- Distinction between internation...Nilendra Kumar
This presentation explains the nature of an armed conflict and the salient differences between international armed conflict and non international armed conflict while also highlighting its relevance there to.
Education is a hallmark of civic life in America, so it’s no surpr.docxgidmanmary
Education is a hallmark of civic life in America, so it’s no surprise that it’s been at the center of many landmark controversies over the years. Here are 10 Supreme Court cases related to education that impacted both constitutional law and the public school experience.
10. Brown v. Board of Education (1954)
Arguably the most well-known ruling of the 20th century, Brown overturned Plessy v. Fergusonand established that “separate educational facilities are inherently unequal.” The Warren Court’s unanimous decision explained that the separate-but-equal doctrine violated the Equal Protection Clause of the 14th Amendment, and ordered an end to legally mandated race-segregated schools. While the Brown decision marked only the beginning of a prolonged struggle to achieve actual integration, its impact cannot be understated.
9. Engel v. Vitale(1962) and 8. Abington School District v. Schempp (1963)
This pair of cases shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. In Engel, the Court struck down a New York State rule that allowed public schools to hold a short, nondenominational prayer at the beginning of the school day. The Court decided that these prayers amounted to an “official stamp of approval” upon one particular kind of prayer and religious service, and said that, since teachers are agents of the federal government, the scheme violated the Establishment Clause.
The reasoning in Engel was also applied in Schempp, in which the Court struck down a Pennsylvania policy that required all students to read 10 Bible verses and say the Lord’s Prayer at the beginning of each day. While a student could get an exemption with a parent’s note, the Warren Court decided that this still amounted to an unconstitutional government endorsement of a particular religious tradition.
7. Lemon v. Kurtzman(1971)
This case adjudicated a different sort of Establishment Clause challenge, where the controversy dealt with a statute providing financial support for teacher salaries and textbooks in parochial schools. The Burger Court unanimously decided that this financial aid scheme violated the Establishment Clause and delineated the governing precedent for Establishment Clause cases known as the Lemon test. Under Lemon, statutes (1) must have a secular legislative purpose; (2) must have primary effects that neither inhibit nor advance religion; and (3) cannot foster an “excessive government entanglement with religion.” The Court held that this scheme violated the third prong of the Lemon test.
6. Wisconsin v. Yoder (1972)
Among the litany of public school cases from the Warren and Burger eras is the landmark Free Exercise Clause decision in Yoder. Wisconsin mandated that all children attend public school until age 16, but Jonas Yoder, a devoutly religious Amish man, refused to send his children to school past eighth grade. He argued that his children didn’t need to be in school that long t ...
William Allan Kritsonis, PhD
William H. Parker Leadership Academy Hall of Honor
In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students.
Dr. Kritsonis Lectures at the University of Oxford, Oxford, England
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Professor William Allan Kritsonis, PhD - Distinguished Alumnus, Central Washington University, College of Education and Professional Studies, Ellensburg, Washington.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
u or your {amily ever have)ased views thai contlicted.docxouldparis
u or your {amily ever have
)ased views thai contlicted
/ith events at your school?
ie your views c0nservative
.e., opposition to dancing,
ctance of evolution theory,
rparticipation when certajfl
s were shown, etc.)? Were
trictions imposed that you
believed unnecessary?
Perhaps the greatest point of tension concerning religion and cun'iculum is the
theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school
teacher was convicted of violating a Tennessee regulation against teaching anything
that contradicted the biblical Genesis accolrnt of the creation of humans. Although the
conviction was overturned on a technicaliry controversy over the teaching of evolution
in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which
required the teaching of both creationism and evolution. The U.S. Supreme Court ruled
the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of
other views. Some school districts, and even whole states, have afiempted to give equal
time both to what some Christians believe about creation as embodied in the literal
translation of the Bible and to evolution. Some districts have attempted to outlaw the
teaching of evolution or to require a disclaimer stating that it is only a theory, one of
many that try to explain the or:igin of humans.
As you can see, the rights and responsibilities of teachers and stridents often inter-
sect at the delicate point of separation of church and state. In some communities, and
at some times of the year, preserwing this separation is challenging.
What.[re the Legal Rights of Students?
Students do not leave their constitutional rights at the schooihouse door. You may no-
tice that there isn't a section of this chapter devoted to students' legal responsibilities.
If there were, the section would be short. Students have the responsibility to go to
school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations).
That's about it in terms of legal responsibilities. dlthough we hope students take re-
sponsibility for their lear:ning and behavioq unless their behavior is deerned illegal or
extrernely disruptive, there are no other laws binding them.
Before 1969, students were not recognized as having First Amendment rights to free-
dom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde-
pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is
entitled to freedom of expression, In this case, three students wore armbands to school
to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The
Tinker case reversed the school's stance and has been cited repeateclly since 1969.
However, court challenges since Tinker have served to balance the rights of students
to express themselves and the necessity of limiting personal freedom to ensure the
safety and well-being of others. For students, understanding the need for this b ...
Dr. William Allan Kritsonis, Students Rights, Student Freedom of Speech, Student Expression, Pickering and other cases, Censsorship of Student Publications, Due Process, Discrimination, Diversity, Multicultural Issues, Personnel Administration
Reading and Supplemental MaterialsRequired Reading MaterialLaM.docxcargillfilberto
Reading and Supplemental Materials
Required Reading Material
LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England.
Chapter 3
Steinberg, M. & Lacoe, J. (Winter 2017). What Do We Know About School Discipline Reform. Education Next. Retrieved from
https://www.educationnext.org/files/ednext_xvii_1_steinberg.pdf
Links to an external site.
Wang, A. (2017, September 5). School District Apologizes After Student Told 'Make America Great Again' Shirts Not Allowed in Class.
The Washington Post. Retrieved from
https://www.washingtonpost.com/news/education/wp/2017/09/04/school-district-apologizes-after-students-told-make-america-great-again-shirts-not-allowed-in-class/?noredirect=on&utm_term=.34ef9a5bea0c
Links to an external site.
Recommended (Optional) Learning Materials
Vaznis, J. (2018, November 17). Boston Schools Agree to Change Policies on Suspensions.
The Boston Globe. Retrieved from
https://www.bostonglobe.com/metro/2018/11/16/boston-schools-agree-change-school-suspensions/WFHz9xwRjxZbJhCdN8ZrMP/story.html
Links to an external site.
Wong, A. (2018, November 28). The Students Suing for a Constitutional Right to Education.
The Atlantic. Retrieved from
https://www.theatlantic.com/amp/article/576901/
Links to an external site.
Zimmerman, A. (2018, November 12). New York City Students Can Be Suspended for An Entire Year. Officials Say Changes Could Be Coming.
Chalkbeat. Retrieved from
https://chalkbeat.org/posts/ny/2018/11/12/new-york-city-limit-student-suspensions/
LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education:
London, England.
3 Students and the Law
Countless interactions between students and school officials occur in public schools,
and inevitably, some students or their parents become displeased either with a school
official’s actions or with school policy. The vast majority of such disputes are not
litigable, however, unless school authorities have violated a student’s constitutional
rights, not followed applicable federal or state statutes, or not had appropriate policies
or procedures.
Prior to the 1970s, courts usually upheld school authorities who demonstrated no
more than that their actions were reasonable. Public schools were perceived as
enjoying parental prerogatives (in loco parentis), and it was uncertain whether any
constitutional rights extended to students. However, in a 1969 landmark decision, the
US Supreme Court in Tinker v. Des Moines's Independent Community School
District declared that students do not “shed their constitutional rights to freedom of
speech or expression at the schoolhouse gate.” Subsequently, in 1975 the high court
held that public school students possess liberty and property interests in their education,
and therefore, that constitutional principles of due process apply to school officials’
treatmen.
Fantasy Congress: The Sweet Sixteen ActivityLina Nandy
A fantasy football style activity to help review some of the influential laws that Congress has passed. Instructions, bracket, and readings are in this packet.
This covers what a population pyramid is, and how to analyze one. It covers the three basic shapes and how they correspond to population growth or decline. Finally, students analyze pyramids of US cities based on unique trends (ie; an aging population in a retirement community).
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
CLASS 11 CBSE B.St Project AIDS TO TRADE - INSURANCE
1st Amendment Scenarios
1. Scenario 1: The Pledge of Allegiance
Michael Newdow is an atheist and the father of a young child who attends public
elementary school. He objects to his daughter’s hearing and reciting of the Pledge of
Allegiance in school. California law requires “appropriate patriotic exercises” to be
conducted daily in all public elementary schools during the school year. Reciting the
Pledge is one way of satisfying this requirement, and it was the policy adopted by Elk
Grove School District.
Congress first created the Pledge in 1942. Twelve years later, at the height of the Cold
War, Congress changed the text of the Pledge of Allegiance to include the words “under
God.” According to the Congressional Record, Congress “intended the inclusion of God in
our pledge… [to] further acknowledge the dependence of our people and our Government
upon the moral directions of the Creator.” According to the House Report, including a
reference to God in the Pledge would also “serve to deny the atheistic and materialistic
concepts of communism.” Anticipating a potential Establishment Clause challenge,
Congress noted the addition was not an “an act establishing a religion or one interfering
with the ‘free exercise’ of religion.”
Newdow isn’t claiming that the school district or teacher requires his daughter to
participate in reciting the Pledge. Instead, he claims that his daughter has a legal
complaint (that he can bring on her behalf) when she is forced to “watch and listen as her
state-employed teacher in her state-run school leads her classmates in a recitation
proclaiming that there is a God, and that ours is one nation under God.” Newdow argues
that the 1954 modification of the Pledge by Congress, as well as the state law and school
rule requiring daily recitation, violate the First Amendment’s Establishment Clause. He
seeks a ruling that the Pledge of Allegiance is unconstitutional with the addition of the
words “under God” and a court order prohibiting the school from requiring the daily
recitation.
The Issue
Does a school district policy that requires public school teachers to lead willing students
in reciting the Pledge of Allegiance with the words “under God” violate the Establishment
Clause of the First Amendment?
2. Scenario 2: Drug Messages in School
Although the First Amendment states that the government cannot make any law
“abridging the freedom of speech,” there are still many limits to where people can speak
and what they can say. Students in public schools, for example, have free-speech rights,
but they are not the same rights as what adults have in the community. This case is about
limits on student speech in public schools and whether a school can punish a student for
what he said about drugs during an off-campus event.
On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska. School
officials at Juneau-Douglas High School released students from school as a field trip event
to watch the Olympic torch pass by. Some of the students, including the school’s
marching band, were supervised by school faculty and staff. Approximately 1,000 students
stood near the school, on both sides of the street, to watch the relay.
Joseph Frederick, an 18-year-old senior, was one of those students. Although he never
made it to school that day because he got stuck in the snow, he joined his classmates on a
public sidewalk across the street from school. Frederick was interested in more than just
watching the relay. He and some friends waited for the television cameras to pass by and
then unfurled a large banner reading “Bong Hits 4 Jesus.” The school principal, Deborah
Morse, saw the banner from across the street. Believing that it advocated drug use, she
approached Frederick and demanded that he stop displaying it. He refused, so she
grabbed and crumpled up the banner.
Frederick was suspended for ten days. After losing his appeal to the school board, he filed
a lawsuit against Morse and the school district, arguing that his First Amendment rights
had been violated. Principal Morse and the school district appealed to the Supreme
Court.
Issue
Does the First Amendment allow public schools to prohibit students from displaying pro-
drug messages during a school-supervised event?
3. Scenario 3: Protesting in School
John and Mary Beth Tinker were public school students in Des Moines, Iowa in December
of 1965. As part of a group against American involvement in the Vietnam War, they
decided to publicize their opposition by wearing black armbands to school. Having heard
of the students' plans, the principals of the public schools in Des Moines adopted and
informed students of a new policy concerning armbands. This policy stated that any
student who wore an armband to school would be asked immediately to remove it. A
student who refused to take off his or her armband would be suspended until agreeing to
return to school without the band.
Two days later and aware of the school policy, the Tinker children decided to wear
armbands to school. Upon arriving at school, the children were asked to remove their
armbands. They did not remove the armbands and were subsequently suspended until
they returned to school without their armbands.
The children returned to school without armbands after January 1, 1966, the date
scheduled for the end of their protest. However, the father filed suit in U.S. District
Court. This suit asked the court for a small amount of money for damages and an
injunction (a court order to stop) to stop school officials from enforcing their armband
policy. Although the District Court recognized the children's First Amendment right to
free speech, the court refused to issue an injunction, claiming that the school officials'
actions were reasonable in light of potential disruptions from the students' protest. The
Tinkers appealed their case to the U.S. Court of Appeals but were disappointed when a tie
vote in that court allowed the District Court's ruling stand. As a result they decided to
appeal the case to the Supreme Court of the United States.
Issue
The case came down to this fundamental question: Do the First Amendment rights of free
speech extend to symbolic speech by students in public schools? And, if so, in what
circumstances is that symbolic speech protected? The First Amendment states “Congress
shall make no law ... abridging the freedom of speech.” The First Amendment, however,
does not identify which kinds of speech are protected. For example, it is not clear whether
hate speech against an individual or group is protected. Neither does the First
Amendment specify what types of expressive actions should be considered as speech.
4. Scenario 4: Flag Burning
Gregory Johnson participated in a political demonstration during the Republican National
Convention in Dallas, Texas, in 1984. The purpose of the demonstration was to protest
policies of the Reagan Administration and of certain corporations based in Dallas.
Demonstrators marched through the streets, chanted slogans, and held protests outside
the offices of several corporations. At one point, another demonstrator handed Johnson
an American flag.
When the demonstrators reached Dallas City Hall, Johnson doused the flag with kerosene
and set it on fire. During the burning of the flag, the demonstrators shouted, "America,
the red, white, and blue, we spit on you." No one was hurt or threatened with injury, but
some witnesses to the flag burning said they were seriously offended. One witness picked
up the flag's charred remains and buried them in his backyard.
Johnson was charged with the desecration of a venerated object, in violation of the Texas
Penal Code. He was convicted, sentenced to one year in prison, and fined $2,000. The
court first found that Johnson's burning of the flag was expressive conduct protected by
the First Amendment. Therefore in order for a state to criminalize such behavior it would
have to serve a compelling state interest that would outweigh the protection of the First
Amendment. The court concluded that criminally sanctioning flag desecration in order to
preserve the flag as a symbol of national unity was not a compelling enough interest to
survive the constitutional challenge. It also held that while preventing breaches of the
peace qualified as a compelling state interest the statute was not drawn narrowly enough
to only punish those flag burnings that would likely result in a serious disturbance.
Further, it stressed that another Texas statute prohibited breaches of the peace and could
serve the same purpose of preventing disturbances without punishing this flag
desecration. The court said, “Recognizing that the right to differ is the centerpiece of our
First Amendment freedoms . . . a government cannot mandate by fiat a feeling of unity in
its citizens. Therefore that very same government cannot carve out a symbol of unity and
prescribe a set of approved messages to be associated with that symbol...” The court also
concluded that the flag burning in this case did not cause or threaten to cause a breach of
the peace.
Issue
Do the First Amendment rights of free speech extend to symbolic speech? And, if so, in
what circumstances is that symbolic speech protected? And what types of expressive
actions should be considered speech? The First Amendment states “Congress shall make
no law . . . abridging the freedom of speech.”
5. Scenario 5: The School Newspaper
Three former Hazelwood High School students who were involved in the school
newspaper argue that school officials violated their First Amendment rights by deleting
two pages of articles from the May 13, 1983, issue of Spectrum.
The practice at Hazelwood High during the spring 1983 semester was for the journalism
teacher to submit page proofs of each Spectrum issue to Principal Reynolds for his review
before publication. On May 10, Emerson delivered the proofs of the May 13 edition to
Reynolds, who objected to two of the articles scheduled to appear in that edition. One of
the stories described three Hazelwood students' experiences with pregnancy; the other
discussed the impact of divorce on students at the school.
Reynolds was concerned that, although the pregnancy story used false names “to keep the
identity of these girls a secret,” the pregnant students still might be identifiable. He also
believed that the article's references to sexual activity and birth control were
inappropriate for some of the younger students at the school. In addition, he was
concerned that a student identified by name in the divorce story had complained that her
father “wasn't spending enough time with my mom, my sister and I” prior to the divorce,
and “always argued about everything” with her mother. Reynolds believed that the
student's parents should have been given an opportunity to respond to these remarks or
to consent to their publication. He was unaware that Emerson had deleted the student's
name from the final version of the article.
Reynolds believed that there was no time to make the necessary changes in the stories
before the scheduled press run and that the newspaper would not appear before the end
of the school year if printing were delayed to any significant extent. He concluded that his
only options under the circumstances were to publish a four-page newspaper instead of
the planned six-page newspaper, eliminating the two pages on which the offending
stories appeared, or to publish no newspaper at all. Therefore, he directed Emerson to
censor the two pages containing the stories on pregnancy and divorce.
Issue
Did the principal's deletion of the articles violate the students' rights under the First
Amendment?