Friday, September 27, 2019
Education topic in U.S. Supreme Court Essay Example | Topics and Well Written Essays - 500 words
Education topic in U.S. Supreme Court - Essay Example It was widely covered and debated because of its ridiculous name. In 2002, a student in Alaska held up the sign in question. It was quickly torn down by the school principal and the student was then punished by several days of suspension. The issue was a 1st amendment issue. Could an educator suppress students free speech? This was one of the first decisions of the Roberts Court and was closely watched as such. The judicial history of the case is as follows: The Alaskan rejected the case, but the Ninth Circuit found that the studentââ¬â¢s first amendment rights had been violated. The phrase Bong Hits 4 Jesus was interpreted as a political expression. The Ninth Circuit distinguished political speech from a simply offensive remark, writing: ââ¬Å"Also, it is not so easy to distinguish speech about marijuana from political speech in the context of a state where referenda regarding marijuana legalization repeatedly occur and a controversial state court decision on the topic had recently issued. The phrase ââ¬ËBong Hits 4 Jesusââ¬â¢ may be funny, stupid, or insulting, depending on ones point of view, but it is not ââ¬Ëplainly offensiveââ¬â¢ in the way sexual innuendo is.â⬠Frederick v. Morse, 439 F.3d 1114, 1119 (9th Cir. Alaska 2006). The case was then appealed to the Supreme Court. Chief Justice Roberts wrote the majority opinion which found in favor of the school and against the student. The Court gave a very narrow ruling which declared that schools could reasonable restrict students freedom of speech if that speech was being used to encourage or endorse illegal drug use. Roberts wrote that the principal reasonable assumed the banner encouraged drug use and was therefore justified in removing it. While some interveners argued that the banner was a kind of political expression, Roberts wrote that the studentââ¬â¢s lawyers didnââ¬â¢t make this argument. It could also have been argued that the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.