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The First Amendment does not prevent educators from limiting students speech that is promoting illegal drug use.
because
score: 2
In school First Amendment rights are circumscribed "in light of the special characteristics of the school environment."
because
score: 1
Frederick's speech happened during a school event.
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because
score: 2
Frederick's banner is promoting the use of illegal drugs during a school function.
because
score: 1
Mathew Fraser was suspended for giving a speech in which the court found to be "an elaborate, graphic, and explicit sexual metaphor."
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because
score: 1
The rights of students in public schools are not automatically coextensive with adults in other settings
however
score: 1
If the speech be delivered exactly the same way outside of the context of school it would be protected.
sources:
Bethel School District No. 403 v. Fraser
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but
score: 0
Frederick claimed that he was not on school property, therefore he was not at school
but
score: 1
Justice Roberts argued that under these circumstances Frederick cannot stand among his classmates at a school sanctioned event ad say he is not at school.
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however
score: -1
In Tinker v. Des Moines ICSD the courts ruled in favor of the student demonstrating against the war in Vietnam.
sources:
Tinker v. Des Moines Independent Community School District.
but
score: 1
The message on the banner in Morse v. Frederick was not political and could reasonably be interpreted as supportive of illegal drug use.
but
score: 1
The standard set forth in Tinker v. Des Moines ICSD is without basis in the Constitution.
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last update:
bowersmi
(2 years, 7 months ago)
bowersmi
