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Lander v. Seaver 1859

Lander v. Seaver (1859). In the presence of other students, he called his teacher

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Lander v. Seaver 1859

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    1. Lander v. Seaver (1859) Lander’s offense was the use of “saucy and disrespectful language” towards Seaver after the close of school, but in the presence of other students. Seaver said such language degraded him in the presence of other students. Lander’s offense occurred after the close of school. After he returned home, he was driving his father’s cow past Seaver’s house.

    2. Lander v. Seaver (1859) In the presence of other students, he called his teacher “Old Jack Seaver.” The next morning, after school convened, Seaver reprimanded Lander for his language and whipped him with a small rawhide. The court ruled that when an offense has a direct and immediate tendency to injure the school and bring the master’s authority into contempt when done in the presence of other students, and with a design to insult him, then the teacher has a right to punish the scholar for some acts if he comes again to school.

    3. Meyer v. Nebraska (1923) Nebraska, along with other states, prohibited the teaching of modern foreign languages to grade school children. Meyer, who taught German in a Lutheran school, was convicted under this law for teaching a Bible story in German to a 10-year-old student. The question raised in court was did the Nebraska statute violate the Fourteenth Amendment’s Due Process clause. The state Supreme Court said no, so Meyer appealed.

    4. Meyer v. Nebraska (1923) The Supreme Court said Nebraska’s law was unconstitutional because it violated the liberty protected by the Fourteenth Amendment. The state did not have the right to interfere with Meyer’s liberty to teach and it did not have the right to interfere with the parents right to employ Meyer during a “time of peace and domestic tranquility.”

    5. Minersville v. Gobitis (1940) The court upheld the right of the Minersville School District to require the students to salute the flag as a means to achieve national cohesion.

    6. West Va. Board of Ed. V Barnett (1943) During WWII, the West Virginia Board of Education ordered that saluting the flag become a regular part of the program of activities in the public schools. A group of children belonging to Jehovah’s Witnesses refused to obey the flag salute order on the grounds that their religious beliefs forbade them to bow down or to serve graven images. Their parents offered substitute pledges which did not make the flag and “image,” but the state refused. The children were expelled. Their parents were verbally abused and threatened with prosecution for causing their children’s delinquency. In an 8-1 decision the court ruled this was a violation of freedom of religion and that the state could not force the students to salute the flag. This decision reversed the Gobitis decision

    7. Tinker v. Des Moines (1969) In December 1965, some adults and students demonstrated their opposition to U.S. involvement in Vietnam by wearing black armbands during the holiday season and by fasting on Dec. 16 and New Year’s Day. The principals in Des Moines schools adopted a policy forbidding the wearing of armbands to school. Students who refused to remove armbands would be suspended from school until they complied with the rule. John and Mary Beth Tinker, along with another student, wore the armbands to school with full knowledge of the regulation. They were suspended and did not return to school until after New Year’s Day. The principals argued wearing the armbands was a substantial disruption of the school day.

    8. Tinker v. Des Moines (1969) The court ruled that a regulation prohibiting the wearing of armbands to school upon penalty of suspension is an unconstitutional denial of students’ right to free speech. The court said that a student’s constitutional rights “do not stop at the schoolhouse gate.” The court also said that the administration had not proven that the armbands caused a substantial disruption to the educational processes.

    9. Ingraham v. Wright (1977) The court ruled that the infliction of “reasonable” corporal punishment by school officials is not prohibited. The case involved a challenge to a school board’s policy of maintaining discipline by spanking disobedient students with a wooden paddle.

    10. New Jersey v. T.L. O. (1985) The court ruled that school officials may search student belongings—in this instance the purse of a student who was accused of smoking in the bathroom—when they reasonably suspect an inspection will turn up evidence of a violation of school rules or the law.

    11. Bethel v. Fraser (1986) Matthew Fraser, a high school student in Bethel, Washington, delivered a speech nominating a fellow student for a student elective office. The speech was made during school hours as part of a school-sponsored educational program in self-government. The voluntary assembly was attended by about 600 students, many of whom were 14 years old. Fraser, in his speech referred to his candidate in terms of an elaborate and sexual metaphor.

    12. Bethel v. Fraser (1986) I know a man who is firm—he’s firm in his pants, his character is firm—but most of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. He doesn’t attack things in spurts—he drives hard, pushing and pushing until finally he succeeds. Jeff is a man who will go to the very end—even the climax, for each and every one of you. “So vote for Jeff for ASB vice-president—he’ll never come between you and the best our high school can be.”

    13. Bethel v. Fraser (1986) The reaction of the students varied from enthusiastic hooting and yelling to embarrassment and bewilderment. Before the speech, Fraser had discussed it with several teachers, and two teachers had told him they thought it was inappropriate. Fraser was suspended for three days for having violated the school’s “disruptive conduct” rule, which prohibited conduct that substantially interfered with the educational process, including the use of obscenities, profane language or gestures. School officials also struck Fraser’s name from the graduation speaker ballot. The Court ruled that school officials can legally “prohibit the use of vulgar and offensive terms” used in a school-sponsored assembly.”

    14. Bethel v. Fraser (1986) In a 7 to 2 decision, the court said that administrators did not violate the First Amendment rights of Matthew Fraser by suspending him for giving a speech in a school assembly that contained sexually suggestive language. Chief Justice Warren Burger, writing for the Court, distinguished between the free speech rights of adults and public school children. “In New Jersey v. T.L.O. (1985),” Burger wrote, “ we reaffirmed that the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings.” The court also indicated it ruled the way it did because the school district should have the right to protect students in a captive audience situation from spoken language that is offensive. It said “a high school assembly or classroom is no place for a sexually explicit monologue toward an unsuspecting audience of teenagers.”

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