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Government DBQ

Government DBQ

Background information A DUSD student, Michael Joller, created a website using his personal computer. The website contained vulgar language, was very critical of the administration, teachers, and the school's website. The site was never intended to be accessed at school.

 

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Julia Ebel

Julia Ebel

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Curated Facts

Document A: Amendment I

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.

Article: Bill of Rights Transcript...
Source: Bill of Rights Transcript...

Computer Tampering/Misuse is altering, damaging, deleting or destroying a computer, computer hardware or software; introducing a computer contaminant into any computer, or network; causing the disruption of a computer or network; using a computer or computer system to threaten, alarm, harass or cause another person to suffer substantial emotional distress; and using Dysart technology for uses outside of legitimate educational purposes.

Article: Document A - Dysart Paren...
Source: Document A - Dysart Paren...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

1.       Which First Amendment protections might apply to expression on the Internet?  

2.       When and where should freedom of speech be protected?  

3.       Give three examples of what you can do at home on your personal computer that would qualify as Computer Tampering/Misuse per this school district’s policy.      

4.       Explain what this phrase means in your own words “using a computer or computer system to threaten, alarm, harass or cause another person to suffer substantial emotional distress;.”        

5.       What is the impact of Constitutional law on the Dysart Unified School District’s computer policy.      

 

PROMPT: You have been hired by either the school district or the student in this case to present oral arguments in front of the Arizona State Supreme Court. A good oral argument presents the strengths of your case, the strengths of your opposition, and how (based on the facts) the court should rule in this case?

          

Reply

Relevant Cases

Article: Document B - Relevant Cas...
Source: Document B - Relevant Cas...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

1.       Based on the table above, and your prior knowledge, how have your rights to free speech in school evolved?  

2.       Which cases could you use to support your stance on the Joller case?

Reply

Facts of the Case

John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and Christopher Echardt, 16 years old, decided along with their parents to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Upon learning of their intentions, and fearing that the armbands would provoke disturbances, the principals of the Des Moines school district resolved that all students wearing armbands be asked to remove them or face suspension. When the Tinker siblings and Christopher wore their armbands to school, they were asked to remove them. When they refused, they were suspended until after New Year's Day.

Article: TINKER v. DES MOINES IND....
Source: The Oyez Project at IIT C...

Document C: Tinker vs. Des Moines Independent Community School District, 1969

Article: Document C: Tinker vs. De...
Source: Document C: Tinker vs. De...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

1.       Explain what the term prohibition means according to the document.      

2.       According to this document, under what conditions can a school censor student speech?     

3.       According to this quote, “it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint”  when can’t the school limit your speech?

Reply

Facts of the Case

At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days.

Article: BETHEL SCHOOL DISTRICT NO...
Source: The Oyez Project at IIT C...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

1.       What distinction did the court make in regards to political speech versus vulgar lewd speech?        

2.       According to the document what does the phrase “fundamental values of public school education” mean and what is your stand on this issue?      

3.       Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly?      

4.       Compare and contrast the Supreme Court’s ruling in the Tinker and Bethel cases and explain why the court ruled the way it did in each case.

Reply

(Decided 7/2000), the court held in favor of a school district which disciplined a student for a personal website. The middle school student's home website, entitled "Teacher Sux", contained threatening and derogatory comments about a teacher and a principal.

Article: Document E: Student Inter...
Source: Document E: Student Inter...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

 

1.       What caused the courts not to uphold this student’s First Amendment freedom of speech as it pertains to home Internet use?        

2.       According to the document, when is speech not protected?        

3.       Do you think the school district was justified in permanently expelling the student from the school? Justify your answer.

Reply

© Street Law, Inc. 200 7 1 Morse v. Frederick Argued March 19, 2007 Decided June 2 5 , 2007 Facts Although the First Amendment states that the government cannot make any law “abridging the freedom of speech,” there are still many limits to where people can speak and what they can sa y . Students in public schools, for example, have free - speech rights, but those rights are not the same as what adults have in the community . This case, Morse v. Frederick , is about limits on student speech in public schools and whether a school can punis h a student for what he said about drugs during an off - campus event.

Article:   Georgia v Randolph - mors…
Source:  Offline Book/Journal

Facts
Although the First Amendment states that the government cannot make any law “abridging the freedom of speech,” there are still many limits to where people can speak and what they can say. Students in public schools, for example, have free-speech rights, but those rights are not the same as what adults have in the community. This case, Morse v. Frederick, is about limits
on student speech in public schools and whether a school can punish a student for what he said about drugs during an off-campus event.

Article: Document F: Morse v. Fred...
Source: Document F: Morse v. Fred...
Julia Ebel

Julia Ebel

11 Knowledge Cards 

Guiding Questions:

 

1.       Why does the court believe that speech outside of school disrupts the education setting and can be restricted by school personnel?            

2.      At what point does a school’s authority stop and your personal rights begin?      

3.      What is meant by the quote “students do not shed their rights at the schoolhouse gate?”     

4.      What can people assume about the message represented in this picture?

 

PROMPT:

You have been hired by either the school district or the student in this case to present oral arguments in front of the Arizona State Supreme Court. A good oral argument presents the strengths of your case, the strengths of your opposition, and how (based on the facts) the court should rule in this case?

Reply
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