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Goss vs. Lopez 1975

By: Taylor O’Brien Period 6 History. Goss vs. Lopez 1975. Historical Background. In Tinker v. Des Moines in 1969 the Supreme Court ruled that students don’t loose their first amendment rights when they get to school. Circumstances of the Case.

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Goss vs. Lopez 1975

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  1. By: Taylor O’Brien Period 6 History Goss vs. Lopez1975

  2. Historical Background • In Tinker v. Des Moines in 1969 the Supreme Court ruled that students don’t loose their first amendment rights when they get to school.

  3. Circumstances of the Case • A number of students including Dwight Lopez held a protest on school grounds. The students were suspended from school for periods as long as ten days. The students were suspended without being given a hearing. The students and their parents decided to sue the school board and won. The school board then appealed the case and it went to the supreme court.

  4. Constitutional Issues • The case took on two issues of the fourteenth amendment: The equal protection clause, and the due process clause.

  5. Arguments for Goss and the School Board • They said that the right to free public education is not guaranteed in the Constitution and since free education isn’t a right the students have no due process and that school officials must have say in the severity of the students suspensions.

  6. Arguments for Lopez and the Students that were suspended • Students have the right of due process and should have the opportunity to tell their side of the story and face their accusers in a hearing. They also argued that a ten day suspension was way too extreme and the school should not be allowed to hand out such sever punishments.

  7. Decision and Rationale • In a 5-4 vote the judges ruled that students were entitled to their due process rights and given three requirements: • 1. a written or oral notice of charges • 2. a list of evidence to back up the charges • 3. a hearing where the student can give their side of the story

  8. MY OPINION • In my opinion the correct decision was made by the Supreme Court. • I think that just because students are in school they should not lose their due process rights. They should have a chance to tell their side of the story and have a chance to defend themselves.

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