The Great Gatsby, To Kill a Mockingbird, and The Color Purple are three novels that are considered classics, and in some school districts these books and others could also be considered inappropriate. Within these school districts not only are the books regulated but also the teachers’ choices of such books. This regulation of teachers has been established throughout the years through court cases and within multiple school districts. Teachers’ book choices and lesson plans are regulated in result of representation of the government, allowing students a neutral learning environment and following the curriculum established within the school district. One of the main court cases that have dealt with teachers’ first amendment rights is the case of Evans-Marshall v. Board of Education of Tipp City Exempted Village School District. This case first began in Ohio, when English teacher Shelley Evans-Marshall asked her class to select a book off of the list “One Hundred Most Frequently Challenged Books”(Lampe, 2010). The students were then asked to debate in class why they believed that the book had been challenged by other school districts. After this assignment was given, several parents “complained about the curricular choices”(Lampe, 2010: pg.1). Eventually a petition was signed by over 500 parents of the school, saying they wanted “decency and excellence” in the classroom. With this, the school board unanimously voted to terminate Evans-Marshall’s contract. Evans-Marshall filed against the school board saying that they interfered with her First Amendment rights (Lampe, 2010: Pg.1). In this case, the Sixth Circuit court of Ohio sided with the school board of Tipp City Exempted Village School District. This decision was ma... ... middle of paper ... ...o-select-books-and-methods-i Legal Clips » High school teacher does not have First Amendment right to make in-class curricular decisions regarding selection of books and methods of instruction. (n.d.). Legal Clips . Retrieved September 16, 2011, from http://legalclips.nsba.org/?p=2753 Lelyveld, N. (1998, March 19). In San Francisco, A Battle Of The Books School Board Considers Racial Quota For Students' Reading List. - Philly.com. Featured Articles from Philly.com. Retrieved September 18, 2011, from http://articles.philly.com/1998-03-19/news/25743795_1_nonwhite-authors-reading-list-students-graduate Thevenot, B. (2010, March 17). The Texas Tribune. The Texas Tribune. Retrieved September 18, 2011, from http://www.texastribune.org/texas-education/state-board-of-education/colbert-report-satirizes-texas-history-textbooks/print/ APA formatting by BibMe.org.
In the article How Banning Books Marginalizes Children, the author, Paul Ringel, states that approximately fifty-two percent of the books banned in the last ten years illustrate “diverse content”, such as race, religion, gender identity, etc. Ringel believes that attitudes about which books are “appropriate” for kids to read have too often suppressed stories about different cultures and life experiences. He basis his argument around the pretext that when libraries stop the banning it will allow kids to learn how to navigate imaginary worlds filled with differences and apply those lessons to their own lives.
Facts and Case Summary: Morse v. Frederick. (n.d.). USCOURTSGOV RSS. Retrieved April 24, 2014, from http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/first-amendment/free-speech-school-conduct/facts-case-summary.aspx
Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
...as, J., J. Stewart, J. White, J. Black, and J. Harlan. "Tinker V. Des Moines Independent Community School District (No. 21)." Legal Information Institute. Cornell University Law School, 24 Feb. 1969. Web. 29 Oct. 2013. .
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
Mrs. Moreno and the other plaintiffs in this case believes religious education should be the responsibility of parents and religious communities, and not the public schools to which she sends her children (ACLU, 2007). Additionally, Mrs. Moreno and the other plaintiffs’ feels the use of their tax dollars to promote and endorse religion in the public school system is unconstitutional (ACLU, 2007).
Bennett, A., & Brower, A. (2001). ’THAT’S NOT WHAT FERPA SAYS!’: THE TENTH CIRCUIT COURT GIVES DANGEROUS BREADTH TO FERPA IN ITS CONFUSING AND CONTRADICTORY FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT DECISION. Brigham Young University Education & Law Journal, 2, 327.
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
This piece argues most of the significant cases that are involved with the first amendment rights of public school students; it also shows all the cases that affect and gives significant information on all the...
Issues of censorship in public schools are contests between the exercise of discretion and the exercise of a Constitutional right. The law must reconcile conflicting claims of liberty and authority, as expressed by Supreme Court Justice Felix Frankfurter in Minersville School District v. Gobitis, 1940 in “Banned in the U.S.A.: A Reference Guide to Book Censorship in Schools and Public Libraries” by Herbert N. Foerstel (23).
...of the Supreme Court. Nevertheless, there is a balance demanded between the establishment and Free Speech Clause which is an absolutely irrefutable part of the Constitution and can only be interpreted to a certain extent by any Court. The present balance between these Clauses, as it is currently understood, is the duty of the public school teacher and administrator to uphold but teachers and administrators must be open to changes in the understanding of that balance as more cases shed light on the practices and interpretation of the First Amendment. It is the duty of the public school official, in whatever capacity they find themselves, to keep abreast of these changes so that they can properly execute their duties to both defend the neutrality of the schools and the rights of the students to hold and practice religious beliefs in the course of their daily lives.
Throughout the history of education there have been several questions as to how a school should conduct itself and who has the most say: the students, the parents, or the school board? In several arguments, debates, and even court cases it seems that these three factions of schools have disagreeing views with each other. For the most part, citizens can agree that students are the central subjects of a school, otherwise they would not exist. However, does that mean that the students have the right to choose what is taught or presented to them in school? As stated in the scenario, nine possibly offensive books were the subjects of complaining parents. The school board then removed the books, but the students sued the board for doing so based on the belief that the action was a hindrance to the right of free expression. In response, the school board stated that their actions were justifiable because they were doing their job by determining education policy. Therefore based on the readings
There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling
A teacher assigned students to write an essay and submit a pictorial depiction on someone they considered to be their hero. One student turned in an essay saying Jesus was his hero and he drew a picture of The Last Supper. The teacher has a practice of displaying all student work in the classroom. Examining the Bill of Rights and past court cases will shed light on how the assignment should be graded and displayed along with how the First Amendment can be applied to this situation.