West Virginia State Board of Education v. Barnett The West Virginia State Board of Education v. Barnette Case in March 11, 1943 created much controversy throughout the United States. This case questioned whether a flag salute law for school children violated the First, the right to freedom of speech and freedom of religion. In 1941 the West Virginia State Board of Education made it a mandatory action for all students to salute the American flag at the beginning of each school day and recite the Pledge of Allegiance. If students did not cooperate it would lead to harsh punishment (findlaw). The background information is extremely important in this case. West Virginia required students and teachers to take part in the saluting of the flag during the beginning of each school day as part of the educational process. A specific part of the day would be dedicated to saluting the flag and recitation of the Pledge of Allegiance. If they did not, their guardians could be fined and/or jailed and could be prosecuted for generating delinquency. Children of Jehovah's Witnesses had been expelled from school because of their refusal to say the Pledge of Allegiance. Officials threatened to send them to Juvenile Detention Centers (findlaw). The “stiff arm” was a requirement that was meant they had to keep the right hand …show more content…
raised with their palm turned upwards while they said the pledge. The Pledge is “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands; one Nation indivisible, with liberty and justice for all (findlaw).” The Boy and Girl Scouts of America, the Red Cross, the General Federation of Women’s Clubs, and the Parent and Teachers Association raised concerns over the similarity to Hitler’s salute. (Cornell). The Barnettes, a family with daughters who attended this school, sued the school in the United States District Court on behalf of themselves and Jehovah's Witnesses. Jehovah's Witnesses believe that Jesus is God's only son and that his life began in heaven (Dictionary). The Jehovah’s Witnesses imposed the law of First Amendment rights. They disagreed with the forced flag salute and that it violated their religious beliefs against idol adoration. They claimed that it went against their free act of religious freedom and rights of speech under the First Amendment (PBS). By a 6 to 3 vote by the jury, the court decided that school officials had violated the First Amendment by compelling students to salute the flag and recite the Pledge of Allegiance. The court ruled that this act did not agree with the ideas of nationalism (FirstAmendmentCenter). “Congress shall have power to prohibit physical desecration of the flag of the Unites States” (SupremeCourtHistory). The flag salute forced students to believe in something that countered their faith and constituted a violation of their rights. The First Amendment allows freedom of speech and religion but the state was not adhering to this by enforcing a pledge to be recited by the students everyday while in a public school. The Constitutional issues depicted in this case were the violations of the First Amendment’s freedom of speech and religion.
The State should have not made it a mandatory procedure in public schools. They did not have the right to do so because of what the Constitution states. The Supreme Court made is very clear what the violations were and why the State was wrong and why the State lost the case. For a state government to not allow freedom of speech is illegal and violates the Bill of Rights. I agree with the verdict of the Supreme Court because what the government of Virginia did was disgraceful and contradicts the United States
Constitution.. Eventually the court realized that this was a severe violation of the right to individual freedom because there was an earlier case in 1940 between the Minersville School District and Gobitis, which the school actually won and the Supreme Court said it was a way to express their national unity so it was allowed (PBS). This has had a huge impact on the United States government showing that people cannot be forced by the government to do religious related activities. Currently, there are no cases concerning freedom of speech and religion because it is looked down upon by the whole nation. The separation of church and state does not appear in the constitution but is a modernized explanation of how the government and religion should not cross or make contact. They should have nothing to do with each other; they are separate entities. Everyone in the United States has the right to exercise his or her religion and prohibiting this would create a major uproar.
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
In the majority opinion, Justice White wrote “Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were” The court also noted that the paper was a sponsored newspaper by the school which was not intended to be seen by the public, but rather for journalism students to write articles based off of the requirements for journalism 2 class, and all subjects must be appropriate for the school and all its
FACTS: Respondent, Davis, a licensed LPN for over ten years who also lives with hearing loss applied for admissions to Southeastern Community College. The Petitioner, requested Davis see an audiologist before accepting her to the RN program. The audiologist concluded that Davis required lip-read in order to fully understand audible communication. The school subsequently denied Davis entry, assuming her hearing loss would affect her ability to effective care for patients safely.
This case involves a sophomore at a high school named Christine Franklin, who alleged that she was sexually harassed and abused by a teacher and sports coach by the name of Andrew Hill. These allegations were occurring from 1986-1988, a total of two years. These allegations included Hill having explicit conversations with Franklin, forcing her to kiss him, and forceful intercourse on school grounds. Franklin claimed that she let teachers and administrators know about the harassment and that other students were going through the same harassment. The result of telling the teachers and administrators was that nothing was done about the situation and even encouraged Franklin not
The Supreme Court case, Santa Fe Independent School District v. Doe, was argued on March 29, 2000, in Texas (Santa Fe Independent School Dist. v. Doe). The verdict was decided on June 19, 2000 by the Supreme Court. The case questioned the constitutionality of the school’s policy that permitted student-led, student initiated prayer at football games. The Supreme Court justices had to take the Establishment Clause of the first amendment into account when making their decision (Cornell University Law School). The case originated in the Santa Fe Independent School District, located in Texas. The District was against Doe, a Mormon and a Catholic family involved within the District. The purpose of the case was to determine if the school policy was in violation of the first amendment’s Establishment Clause which creates a divide between religion and government. The first amendment freedom of religion was the right at stake in regards to the Establishment Clause that defines a line between church
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.
Established in 1968, the medical school at the University of California implemented a special admissions program to increase the representation of minorities in each entering class. There was one underlying problem with their special admissions program that was not addressed until 1973 when Allan Bakke submitted his application to the University of California.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
Therefore, the respondents took the case to court (Island Trees…). The holding, the court’s decision, by a 5-4 vote, was “The First Amendment limits the power of local or school boards to remove library books from junior high schools and high schools” (Island Trees…). The court also said that the Board of Education “should not intervene in ‘the daily operations of school systems’ unless ‘basic constitutional values’ were ‘sharply implicate[d]”(qtd. in Board of Education, Island). The dissent consisted of Burger, Powell, Rehnquist, and O’Connor; the concurrence consisted of Blackmun and White (Island Trees…).
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.
Board of Education (1954). In the Constitution it?s found in the 14th Amendment, Equal Protection Clause, which prohibits any state from denying equal rights to any person and equal protection of the laws. In a 5-4 decision, delivered by Justice Sandra Day O?Conner they argued that under Title IX Jackson had the right to pursue his case in court (Chicago-Kent College of Law, 2015c). The majority was lead to believe and ruled that it was intentional retaliation of the Birmingham Board of Education to fire Jackson from his position in the school (Mahon, 2015). Concurring opinion was stated by O?Connor and the dissenting opinions were stated by Thomas (Jackson v. Birmingham Board of Education,
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
"Histories, like ancient ruins, are the fictions of empires. While everything forgotten hands in dark dreams of the past, ever threatening to return...”, a quote from the movie Velvet Goldmine, expresses the thoughts that many supporters of integration may have felt because no one truly knew the effects that one major verdict could create. The Brown v. Board of Education decision was a very important watershed during the Civil Rights Movement. However, like most progressive decisions, it did not create an effective solution because no time limit was ever given. James Baldwin realized that this major oversight would lead to a “broken promise.”
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.