Student Off-Campus Speech

Nick Pasotti, Megan McCue, Colbi Lehman, Natalie Faver

Bong Hits For Jesus

http://www.youtube.com/watch?v=6x5hLOd-vUU

What would YOU do if you were the

teacher?

FIRST AMENDMENT: Freedom of Speech “Congress shall make no law respecting

an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (http://www.law.cornell.edu/constitution/constitution.billofrights.html).

Off-Campus Speech

Any form of speech (written or verbal) that is not endorsed by the school or is expressed during non-school sanctioned events.

Can schools discipline students’ off-campus speech?

Tinker v. Des Moines Independent Community School District

Tinker Test: “[The expression] may be regulated only if it would substantially disrupt school operations or interfere with the right of others” (CITATION).

Final Decision: School violated students’ First Amendment rights due to the punishment that was given to the students.

Court’s Rationale: Students’ expression did not cause a significant disruption.

Bethel School District v. Fraser

Fraser Test: “a school may categorically prohibit lewd, vulgar or profane language on school property” (CITATION P.7).

NOTE: The Court could NOT apply this test to Layshock v. Hermitage because Layshock’s web page was NOT created on school property.

Given this information, would you change your initial decision about the issues brought up in the previous video clip?

Morse v. Frederick

Final Decision: The principal did not violate the student’s First Amendment Rights.

Court Rationale: According to the U.S. Supreme Court, a principal may prohibit student speech at a school-sponsored event when the speech is promoting illegal drug use.

SKIT!

Layshock v. Hermitage

Background Information: Justin Layshock was a seventeen year-old when the principal, Eric Trosch, suspended him for creating a fake MySpace.com page using an off-campus computer.

Layshock v. Hermitage

Key Details: Three other profiles of Eric Trosch were made

by different students. Layshock only accessed his profile once in

school during Spanish class. The profile contained inappropriate content

pertaining to Trosch. Layshock was suspended and prohibited from

participating in any school-sponsored events. Layshock filed a lawsuit claiming that his First

Amendment rights were violated.

Layshock v. Hermitage

Court Decision: The Court ruled in favor of the plaintiff, Justin Layshock, concluding that his First Amendment rights were in fact violated by the Defendants.

Layshock v. Hermitage

Rationale of Ruling The Court used the Tinker test to explain that the

Layshock’s MySpace.com profile could not be linked to a significant disruption in the school environment.

The Court said that the ruling in Fraser did not give the school the right to punish profane, off-campus speech.

Also important: The Defendants only targeted Layshock’s off-campus speech and were unaware – until an investigation – that Layshock had accessed the profile in school.

GAME TIME!(It’s not chess)

Who Wants to Be a Teacher? Class will be divided into 2 teams w/an elected

spokesperson on each team. The more questions that you answer correctly,

the more candy you get! You have the option use just ONE lifeline

throughout your turn A. Phone a Friend = Ask a person not on your team B. Ask the Audience = Check your handout

You need to answer a total of six questions before you win.

You have 10 seconds to answer each question LET’S PLAY!

Question #1

What was the main amendment that Layshock claimed was violated in his case against Hermitage?

A. 14th Amendment B. 1st Amendment C. 9th Amendment D. 3rd Amendment

Question #2 – 1 piece of CANDY! What was the court’s final decision in Morse

v. Frederick?  A. The principal did not violate the student’s

Fourteenth Amendment Rights B. The principal did violate the student’s First

Amendment Rights C. The librarian did violate the student’s First

Amendment Rights D. The principal did not violate the student’s

First Amendment Rights

Question #3 What is considered to be “off-campus” speech?

A. Any form of speech that does not pertain to school-related issues.

B. Any form of speech that is spoken off-campus, but is written while in the school environment.

C. Any form of speech that is not endorsed by the school and is expressed during non-school sanctioned events.

D. Any form of speech that is used outside of school in the United States.

Question #4 – 2 pieces of CANDY! What was the court’s rationale regarding their

final decision in Layshock v. Hermitage?

A. There was not a sufficient in-school disruption caused by Layshock’s off-campus speech.

B. Layshock’s actions occurred outside of the school.

C. Layshock’s actions were conducted without the principal’s consent.

D. Layshock’s friends were the original students to create the webpage, not Layshock.

Question #5

What part of the 1st Amendment did Layshock claim was violated by the Hermitage School District?

A. Freedom of Religion B. Freedom of Speech C. Freedom of the Press D. Freedom of Assembly

Question #6 – 3 pieces of CANDY! In what case were students’ First

Amendment rights violated for wearing armbands to school to protest the Vietnam War?

A. Layshock v. Hermitage B. J.S. v. Bethlehem C. Morse v. Frederick D. Tinker v. Des Moines Independent

Community School District

Question #1 In Layshock v. Hermitage, what did Layshock

do to Trosch that caused Layshock a suspension?

A. He wrote a letter to the school board falsely accusing Trosch of verbal abuse to a student.

B. He vandalized Trosch’s home. C. He created a fake My Space website of Eric

Trosch, making inappropriate accusations. D. He sent Trosch and other school board

members an inappropriate e-mail.

Question #2 – 1 piece of CANDY! Who acted as the main defendant in

Layshock v. Hermitage?

A. Mr. and Mrs. Layshock B. Eric Trosch C. Justin Layshock D. Eric Layshock

Question #3

Which of the following situations would be considered off-campus speech?

A. Writing a letter to a friend in class. B. Posting signs throughout the school. C. E-mailing a friend at home about a

friend’s surprise party that is being held at your house.

D. Reading a speech at a school-sponsored event.

Question #4 – 2 pieces of CANDY! Which test was NOT used by the

court to explain the court’s rationale in Layshock’s case?

A. Fraser Test B. Frederick Test C. Tinker Test D. Freedom of Speech Test

Question #5

In what case did students display a banner stating “Bong Hits for Jesus”

 A. Layshock v. Hermitage B. J.S. v BethlehemC. Morse v. Frederick D. Bethel School District v. Fraser

Question #6 – 3 pieces of CANDY! What is a nexus?

A. a maze B. a connection C. a wrong answer D. a website

Sources