| Problem 39.2 Based on the Supreme Court decisions in Tinker and Hazelwood, analyze each of the following cases. Give arguments both for permitting the expression and for supporting the school�s need to regulate the expression. How should each case be decided? a. At a school wide assembly before student council elections, a student makes a campaign speech for a friend. While not legally obscene, the speech has many sexual references and makes some students in the audience uncomfortable. Others applaud, jeer, and shout additional sexual references. The principal meets with the speaker after the assembly, and then suspends him for several days. The student sues the school for violating his free speech rights. b. Students publish, with their own money and equipment, and �underground newspaper� off school premises that contains the results of best/worst teacher and best/worst class surveys. The principal does not allow distribution of the newspaper at school. The students sue the school for violating freedom of the press. c. A major project of a high school drama class is the production of a spring musical. The musical is held on the last Thursday and Friday nights of May each year in the school auditorium. Tickets are sold at the school and at several locations in town to students, their parents, and others in the community. The students and their drama teacher select the musical Hair, which has several scenes with partly clothed actors and actresses. They begin rehearsals, print tickets, and start to publicize the performances in town. When the school board learns which play has been selected, it cancels the production. The students sue, alleging violation of their freedom of expression. d. A few parents complain to the high school librarian that several of the school�s library books contain negative stereotypes about women and certain ethnic groups. The parents ask that the books be removed from the library. The principal agrees and removes the books, even though they are available in the town library. Other students and their parents sue the school for violating the rights of students who want to access these books. e. Lakeside High School students operate a radio station each morning before school begins, playing music, reporting scores from athletic contests, and making other announcements in the student lounge. The faculty member responsible for supervising the student lounge believes the lyrics of a popular song frequently played on the station are sexually suggestive. He complains to the principal, who removes the record from the radio station and tells the student disc jockeys that they must submit an upcoming music play list monthly for her approval. The student disc jockeys sue, alleging a violation of their rights. f. At one school it is know that local gangs use the names and logos of professional sports teams. Gang related shootings have occurred in the area. The principal bans the wearing of any clothing imprinted with the names and logos of any professional sports teams. Students sue, arguing that this ban on clothing violates their freedom of expression. g. A seventh graders review of the film Mississippi Burning is removed from the school newspaper because the film is rated �R.� |