Week Three

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Week Three
2013-02-12 17:34:54

Notes Taken in Week Three
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  1. What year did Tinker v. Des Moines take place?
  2. What was the first case to focus on first amendment rights of students?
    Tinker v. Des Moines
  3. What did the Supreme Court rule in Tinker v. Des Moines?
    In favor of Tinkers. Ruled that wearing arm bands to school is passive.
  4. What year did Bethel School District v. Fraser take place?
  5. Why was Matthew Fraser suspended from school?
    For giving a speech in front of the entire student body that was filled with sexual innuendos.
  6. What was the ruling in Bethel School District v. Fraser?
    Fraser loses in the Supreme Court, who said that schools have the right to punish vulgar speech.
  7. What year did Hazelwood v. Kuhlmeier occur?
  8. What were the two articles that the principal had issues with in Hazelwood v. Kuhlmeier?
    One about teen pregnancy, the other about divorce
  9. What did the Supreme Court rule in Hazelwood v. Kuhlmeier?
    That the principal has the right to censor school newspapers as long as the paper is school-sponsored.
  10. What did many states do in response to the Hazelwood v. Kuhlmeier decision?
    Started passing laws that gave student journalists first amendment rights.
  11. What three cases are cited in the school speech doctrine, and for what kinds of speech?
    Bethel School District v. Fraser (Offensive Speech), Hazelwood v. Kuhlmeier (School-sponsored speech), Tinker v. Des Moines (All other speech)
  12. What year did the Cuesta v. School Board of Miami-Dade County take place?
  13. What did the Killian 9 publish?
    Pamphlet that has racist terms.
  14. What was the result of Cuesta v. School Board of Miami-Dade County?
    Students lose in appeals court, and don't take it any further.
  15. What year did Morse v. Frederick take place?
  16. What did Joseph Frederick do that caused him to be suspended?
    Make a banner that said Bong Hits For Jesus
  17. What was the result of Morse v. Frederick?
    Supreme Court ruled in favor of the principal, and said that he was attending a school-sponsored event. 
  18. What year did Harper v. Poway take place?
  19. Why was Chase Harper suspended?
    Wearing a shirt on a day of silence that said homosexuals should be ashamed.
  20. How did the appeals court rule in Harper v. Poway?
    In favor of the school. Said that school has the right to punish students for certain kinds of speech that cause disruption.
  21. J.S. v. Blue Mountain School District took place in what year?
  22. What did J.S. do to get suspended?
    Made a private, fake MySpace page that made fun of her principal outside of school, and could not be accessed in school.
  23. What did the appeals court rule J.S. v. Blue Mountain School District?
    In favor of the parents based on the fact that the page was not created in school.
  24. What year did Layshock v. Hermitage High School take place? 
  25. What did Justin Layshock get suspended for?
    Creating a fake website on his grandma's computer about the principal. Students could access it at school.
  26. Who wins in Layshock v. Hermitage High School?
    Justin Layshock
  27. What year did Kowalski v. Berkley County Schools take place?
  28. What did Karen Kowalski do to get suspended?
    Made a MySpace group that made fun of a classmate.
  29. Who won in Kowalski v. Berkley County Schools?
    The appeals court rules in favor of the school, because the student who was attacked had to leave the school.
  30. What year was the Kincaid v. Gibson handed down?
  31. What was the issue behind Kincaid v. Gibson
    Charles Kincaid wrote for the Kentucky State University yearbook. The vice president of student affairs didn't like them, and revoked all 2000 copies.
  32. What did the trial court in Kincaid v. Gibson rule?
    That a school official at a university is just like a principal. Cites Hazelwood case in ruling in favor of the school.
  33. What happens in appeals court for Kincaid v. Gibson?
    Students lose again. Request an En banc trial.
  34. What is en banc?
    Legal term where you're asking the entire appeals court to re-hear the case.
  35. What did the appeals court rule in its en banc case for Kincaid v. Gibson?
    In favor of the students. Class of '94 receives its yearbooks in 2001.
  36. What was the basis of Hosty v. Carter?
    The Innovator at Governor State University was shut down after criticizing the school's administration. 
  37. What did the appeals court rule in Hosty v. Carter?
    In favor of the university. Says university-funded newspapers may be reviewed under the same standards of high school publications.