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ABC/123 Version X
1
FIRAC Worksheet
HIS/301 Version 8
3
University of Phoenix MaterialFIRAC Worksheet
Appendix B: Briefing and Analyzing Cases in Constitutional
Law offers a model to brief a court case. FIRAC stands for
Facts, Issue, Rule(s), Analyze, and Conclusion. Read about this
model and see an example of it in Appendix B. Then, select a
United States Supreme Court case on the First Amendment and
complete a FIRAC analysis using the worksheet below. For each
portion of the FIRAC analysis, include a 200- to 300-word
response.
SUPREME COURT case: Hazelwood School District v.
Kuhlmeier
FACTS: Lay out the facts of the case.
Sometime during the school year of 1987, the principal of
Hazelwood East Public School had made the decision to remove
two articles from the school newspaper due to the fact that they
contained controversial content. The newspaper, known as “The
Spectrum”, was paid for by the Board of Education and it was
produced by the journalism class at the school. The two articles
that were found controversial contained topics such as teenage
pregnancy and divorce. The article about divorce contained
personal information from a student dealing with this dilemma
in her personal life, and the articles about teenage pregnancy
were featured stories with experiences from some of the
students attending the school. The students interviewed for
these articles had changed their names in order to protect their
privacy. Although the students felt that these topics needed to
be discussed amongst their peers, the principal removed them
from the paper. Student Cathy Kuhlmeier, along with two other
students in her class felt that these actions were a direct
violation of their first amendment rights that grants them both
access to the freedom of the press and also to the freedom of
speech. In order to retaliate against these actions, Cathy and her
two classmates decided to sue the school ("Facts and Case
Summary: Hazelwood V. Kuhlmeier", n.d.).
ISSUE: Identify the legal issue.
The First Amendment states that Congress is not allowed to
make any laws that prevents actions such as the removal or
editing the freedoms of speech and the freedom of the press as
well. When these students decided to sue the Hazelwood School
District, they believed that the actions of their principal were
unconstitutional in removing the two articles that were placed in
the paper. The legal issue at question is “Does the decision of a
principal to prohibit the publishing of certain articles, which he
deems inappropriate, in the school newspaper violate the
student journalists' First Amendment right of freedom of
speech” ("Facts And Case Summary: Hazelwood V.
Kuhlmeier", n.d.). There are two sides to think about when
identifying the legality of these issues. On the one hand, you
have the students who feel that the freedom of their voice and
their newspaper is being threatened by the school’s authorities
figure. On the other hand, you have the school authority that is
trying to protect the school by choosing to disassociate from
such controversial topics that will become easily accessible to
many of the youth if they are allowed to be printed in the paper.
Can any of these factors legally justify the principal’s actions in
removing the articles, and would it be in violation of the
student’s rights?
RULE: What provision of the First Amendment applies to the
issue you have defined?
The rule that applies to the issues defined is the right to the
freedom of speech. The students in the Journalism II class are in
charge of writing and proofreading all expositions for “The
Spectrum” as part of a class requirement. The two articles that
have been removed contained topics such as teenage pregnancy
and divorce. The students have given the paper to the principal
for review in which the principal had decided to remove those
articles from the paper as they contained controversial issues.
For starters, since the article about divorce had contained
personal information about a student’s parent, the principal had
decided that the journalists had to inform the parent and get his
permission to use such information. Another controversial issue
was that simply changing the names of the students in the
pregnancy articles was not enough to protect the privacy of the
identities of the students that were interviewed. The content was
also deemed unsuitable for the younger students. Due to these
problems, the usage of these articles was prohibited. Since these
pages had to be removed from the newspaper issue, the students
decided that these were going against the First Amendment
rights, and brought the case to the U.S. Supreme Court for
evaluation ("Facts And Case Summary: Hazelwood V.
Kuhlmeier", n.d.).
ANALYZE: Analyze the case, applying the law to the facts of
the case.
The First Amendment protects the right to the freedom of
speech. Even though these students thought that they were
exercising their right, their articles still posed a lot of concern
for the principal. One concern that the principal had was,
although the student interviewed for the divorce article gave
personal information, the journalist doing the interviewing did
not notify all subjects involved in the article, such as the girl’s
father who was mentioned. Another concern, was that even
though the student involved in the pregnancy articles had
changed their names, their identities were still able to be
discovered by the students. On October 13th, 1987, the case was
sent to the Eight Circuit Court and was ruled in favor of the
students. The Eight Circuit deemed the principal’s decision to
forbid specific articles that he found inappropriate in the school
paper, to be in violation of the student’s First Amendment
rights. The case was then turned over to the Supreme Court. The
Supreme Court had decided to reverse the decision of the Eight
Circuit. The decision that was once in favor of the students had
now turned toward being in favor with the school district. The
school district does has the right to eliminate the article from
the paper if they are found to cause educational concern ("Facts
And Case Summary: Hazelwood V. Kuhlmeier", n.d.).
CONCLUSION: Draw a conclusion
On January 13th, 1988 the Supreme Court reached a decision
about the case of Hazelwood v. Kuhlmeier. The Supreme Court
voted 5 to 3 in favor of the school district, as they believed that
the school did not violate the rights of the students by taking
away their freedoms of speech and of the press. Those that work
in the public school districts are allowed to monitor what the
students are publishing in the school newspaper to a certain
extent if they are the ones that are providing monetary support
for that paper. Since school newspapers published by the
students are considered a limited public forum, they are not
entirely subjected to the protections listed under the First
Amendment. As long as the school is sponsoring the newspaper,
they have the right to monitor what is going to be published in
the paper, and remove whatever it is that they find controversial
or inappropriate as long as it pertains to censorship that would
raise educational concerns if found unmonitored. In this case,
the Supreme Court ruled in favor of the Hazelwood School
District, as their actions were not found to be disruptive toward
any of the rights of the students by removing the two
controversial articles from the newspaper ("Facts And Case
Summary: Hazelwood V. Kuhlmeier", n.d.).Reference
Hall, D. E. & Feldmeier, J. P. (2012). Constitutional law:
Governmental powers and individual freedoms (2nd ed.).
Boston, MA: Pearson.
Facts and case summary: Hazelwood v. Kuhlmeier. (n.d.).
Retrieved from http://www.uscourts.gov/educational-
resources/get-involved/constitution-activities/first-
amendment/freedom-press-school-newspapers/facts-case-
summary.aspx
NOTE: The student that completed this FIRAC worksheet
received 100% for this assignment; this is what type of detail
and analysis your worksheet should include. Please use it as a
reference, but select a different US Supreme Court case for your
worksheet. –Professor Annotti
Copyright © XXXX by University of Phoenix. All rights
reserved.
Copyright © 2013, 2012, 2010, 2008, 2006, 2005, 2004 by
University of Phoenix. All rights reserved.

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  • 1. Title ABC/123 Version X 1 FIRAC Worksheet HIS/301 Version 8 3 University of Phoenix MaterialFIRAC Worksheet Appendix B: Briefing and Analyzing Cases in Constitutional Law offers a model to brief a court case. FIRAC stands for Facts, Issue, Rule(s), Analyze, and Conclusion. Read about this model and see an example of it in Appendix B. Then, select a United States Supreme Court case on the First Amendment and complete a FIRAC analysis using the worksheet below. For each portion of the FIRAC analysis, include a 200- to 300-word response. SUPREME COURT case: Hazelwood School District v. Kuhlmeier FACTS: Lay out the facts of the case. Sometime during the school year of 1987, the principal of Hazelwood East Public School had made the decision to remove two articles from the school newspaper due to the fact that they contained controversial content. The newspaper, known as “The Spectrum”, was paid for by the Board of Education and it was produced by the journalism class at the school. The two articles that were found controversial contained topics such as teenage pregnancy and divorce. The article about divorce contained personal information from a student dealing with this dilemma in her personal life, and the articles about teenage pregnancy were featured stories with experiences from some of the students attending the school. The students interviewed for
  • 2. these articles had changed their names in order to protect their privacy. Although the students felt that these topics needed to be discussed amongst their peers, the principal removed them from the paper. Student Cathy Kuhlmeier, along with two other students in her class felt that these actions were a direct violation of their first amendment rights that grants them both access to the freedom of the press and also to the freedom of speech. In order to retaliate against these actions, Cathy and her two classmates decided to sue the school ("Facts and Case Summary: Hazelwood V. Kuhlmeier", n.d.). ISSUE: Identify the legal issue. The First Amendment states that Congress is not allowed to make any laws that prevents actions such as the removal or editing the freedoms of speech and the freedom of the press as well. When these students decided to sue the Hazelwood School District, they believed that the actions of their principal were unconstitutional in removing the two articles that were placed in the paper. The legal issue at question is “Does the decision of a principal to prohibit the publishing of certain articles, which he deems inappropriate, in the school newspaper violate the student journalists' First Amendment right of freedom of speech” ("Facts And Case Summary: Hazelwood V. Kuhlmeier", n.d.). There are two sides to think about when identifying the legality of these issues. On the one hand, you have the students who feel that the freedom of their voice and their newspaper is being threatened by the school’s authorities figure. On the other hand, you have the school authority that is trying to protect the school by choosing to disassociate from such controversial topics that will become easily accessible to many of the youth if they are allowed to be printed in the paper. Can any of these factors legally justify the principal’s actions in removing the articles, and would it be in violation of the student’s rights? RULE: What provision of the First Amendment applies to the issue you have defined?
  • 3. The rule that applies to the issues defined is the right to the freedom of speech. The students in the Journalism II class are in charge of writing and proofreading all expositions for “The Spectrum” as part of a class requirement. The two articles that have been removed contained topics such as teenage pregnancy and divorce. The students have given the paper to the principal for review in which the principal had decided to remove those articles from the paper as they contained controversial issues. For starters, since the article about divorce had contained personal information about a student’s parent, the principal had decided that the journalists had to inform the parent and get his permission to use such information. Another controversial issue was that simply changing the names of the students in the pregnancy articles was not enough to protect the privacy of the identities of the students that were interviewed. The content was also deemed unsuitable for the younger students. Due to these problems, the usage of these articles was prohibited. Since these pages had to be removed from the newspaper issue, the students decided that these were going against the First Amendment rights, and brought the case to the U.S. Supreme Court for evaluation ("Facts And Case Summary: Hazelwood V. Kuhlmeier", n.d.). ANALYZE: Analyze the case, applying the law to the facts of the case. The First Amendment protects the right to the freedom of speech. Even though these students thought that they were exercising their right, their articles still posed a lot of concern for the principal. One concern that the principal had was, although the student interviewed for the divorce article gave personal information, the journalist doing the interviewing did not notify all subjects involved in the article, such as the girl’s father who was mentioned. Another concern, was that even though the student involved in the pregnancy articles had changed their names, their identities were still able to be
  • 4. discovered by the students. On October 13th, 1987, the case was sent to the Eight Circuit Court and was ruled in favor of the students. The Eight Circuit deemed the principal’s decision to forbid specific articles that he found inappropriate in the school paper, to be in violation of the student’s First Amendment rights. The case was then turned over to the Supreme Court. The Supreme Court had decided to reverse the decision of the Eight Circuit. The decision that was once in favor of the students had now turned toward being in favor with the school district. The school district does has the right to eliminate the article from the paper if they are found to cause educational concern ("Facts And Case Summary: Hazelwood V. Kuhlmeier", n.d.). CONCLUSION: Draw a conclusion On January 13th, 1988 the Supreme Court reached a decision about the case of Hazelwood v. Kuhlmeier. The Supreme Court voted 5 to 3 in favor of the school district, as they believed that the school did not violate the rights of the students by taking away their freedoms of speech and of the press. Those that work in the public school districts are allowed to monitor what the students are publishing in the school newspaper to a certain extent if they are the ones that are providing monetary support for that paper. Since school newspapers published by the students are considered a limited public forum, they are not entirely subjected to the protections listed under the First Amendment. As long as the school is sponsoring the newspaper, they have the right to monitor what is going to be published in the paper, and remove whatever it is that they find controversial or inappropriate as long as it pertains to censorship that would raise educational concerns if found unmonitored. In this case, the Supreme Court ruled in favor of the Hazelwood School District, as their actions were not found to be disruptive toward any of the rights of the students by removing the two controversial articles from the newspaper ("Facts And Case Summary: Hazelwood V. Kuhlmeier", n.d.).Reference Hall, D. E. & Feldmeier, J. P. (2012). Constitutional law:
  • 5. Governmental powers and individual freedoms (2nd ed.). Boston, MA: Pearson. Facts and case summary: Hazelwood v. Kuhlmeier. (n.d.). Retrieved from http://www.uscourts.gov/educational- resources/get-involved/constitution-activities/first- amendment/freedom-press-school-newspapers/facts-case- summary.aspx NOTE: The student that completed this FIRAC worksheet received 100% for this assignment; this is what type of detail and analysis your worksheet should include. Please use it as a reference, but select a different US Supreme Court case for your worksheet. –Professor Annotti Copyright © XXXX by University of Phoenix. All rights reserved. Copyright © 2013, 2012, 2010, 2008, 2006, 2005, 2004 by University of Phoenix. All rights reserved.