May it Please the Court, The Court case Alex v. Upper Arlington School District, a student named Alex refused to stand for the Pledge of Allegiance in the early hours of school. He was told countless times by teachers to stand for the flag. Alex refused and was sent to the office and received a suspension for insubordination. This action violated Alex’s First Amendment rights, going against his freedom of speech and religion. The First Amendment rights of Alex were violated because the school went against his belief of religion and did not allow him to express it.
The school administrator tampered with Alex’s First Amendment rights. Quoting from the Bill of Rights, “Congress shall make no law respecting an establishment of religion, or
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Quoting the Upper Arlington Student Handbook “It is the policy of the Upper Arlington School District not to discriminate, in violation of federal or state law, on the basis of race, color, national origin, ancestry, religion, age, sex or disability in admission to, access to, treatment in or employment in, any service, program, or activity sponsored by the Upper Arlington City Schools” (Upper Arlington Schools Students’ Handbook 4). The District itself went against its own rules that they have created. It is clearly stated above in the handbook that the school district does not discriminate on the basis of …show more content…
Furthermore the Court case is about a student who, as well as Alex, was forced to do the Pledge of Allegiance. According to the school, “refusal to salute was treated as ‘insubordination’ and was punishable by expulsion and charges of delinquency” (West Virginia State Board of Education v. Barnette). This is plainly obvious that this quote goes against the First Amendment Rights. It is shown that it’s not just the Upper Arlington School District that goes against students’
They said they wanted to show their support for the movement and did not feel that they were being disrespectful to the flag because they were kneeling. I told them that I understood and have had a number of students and friends who said they were frustrated by police brutality against people of color. However, I also wanted them to see that the lives lost fighting for freedom in the American Revolution, the Civil War and the civil rights movement, should also be respected.” These paragraphs show that this teacher understands why his two students kneeled instead of standing up, but then he states his beliefs by staying that it honors those who lost their lives for the country to be free so it should be respected. Now onto the counter article about why people shouldn’t stand during the pledge of allegiance it states, “How can I as a black educator have this bulletin board on my wall and make social justice a theme in my classroom each and every day and then get up and pledge allegiance to a country that has made it so clear that my life does not
Principal Belding suspended Maria for five days and was prohibited from running for student body president the next year. Maria then sued Principal Belding alleging that he had violated her right to free speech protected under the First Amendment. In the courts, the District Court found in favor of Maria, while the Court of Appeals reversed the ruling of the District. This case will soon be heard at the Supreme Court.
The question presented is whether, a high school regulation, requiring that student athletes “stand in a respectful manner throughout the National Anthem during any sporting event in which their team is participating” violates the First Amendment to the U.S. Constitution. The court should rule for the defendant Jane Skinner, utilizing the case of Hazelwood School District v. Kuhlmeier (1988) and Tinker v. Des Moines School District (1969). Which both implies that her actions were resulted from materially and substantially interfere with other student, and therefore justifies Jane Skinners actions. Facts: On October 4, 2017 Jane Skinner who is the principal of Alabama’s Hoover High School, informed both students and parents of a new sporting
The case Foster v. Chatman is a very difficult and unpleasant case. The case highlights the embarrassing and disgraceful episodes of the United States’ history. Racism, discrimination and prejudice have occurred, since the inception of the country. The United States’ pledge of allegiance reads, “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” This statement is a very strong declaration, when it is often said, it can lose its sticking meaning, however this pledge can be deceptive.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
Interestingly, despite the issues of religion surrounding the case, the decision was reached due to a completely different reasoning; that the government cannot force anyone to express orthodox beliefs that are at odds with their conscience and values. According to the justices that ruled in favor of Barnette, the flag salute, in addition to the pledges, is a “form of utterance.” By enforcing a compulsory flag salute, the state board of education was creating a “compulsory unification of opinion,” inconsistent with the values of the First Amendment. The three other justices believed that the rules laid out by the state board of education was completely constitutional. Representing the dissenting judges, Justice Felix Frankfurter said, in essence, that the legislation was within the scope of power of the state because it encourages "good citizenship and national allegiance.
In the case Brewer vs. Hamilton Middle School the Supreme Court had to decide if the school had the right to limit Ben Brewer’s first amendment right to free speech. The school had decided to add a rule to the school dress code to ban students from wearing T-shirts that depict musical groups. Ben came into school after the rule had been enacted wearing a T-shirt that depicted Hall of Rejects which is a musical group. He was given the option to flip the shirt inside out and refused to. Mr. Brewer was then given a week of in-school suspension.
The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.
“The Pledge Of Allegiance was written in 1892 by Francis Ballamy, an author, Baptist minister, and socialist. He was assigned to come up with something patriotic that school children could recite”. - Simon Brown. Since the existence or creation of The Pledge Of Allegiance, there have been many debates and controversy surrounding it. A lot of people oppose to the daily recital of The Pledge, while other’s are supporting and in favor of The Pledge being recited daily in school’s.
A group of parents and students challenged the New York State Board of Regents mandatory non-denominational prayer in school. A parent sued the school, arguing that law had violated the Establishment Clause of the First Amendment. Engel claimed that the prayer violated the 1st amendment, freedom of religion. Plaintiff being Steven I. Engel, defendant as William J. Vitale. This was located at Herricks School District argued on April 3, 1962.
Jackson wrote the majority opinion, the Supreme Court held that unconstitutional and a violation of the First Amendment and the Fourteenth Amendment. Under the First Amendment, the government cannot enforce laws on an individual’s will regarding of religious liberty. As long as the actions do not present a clear and present danger. The school district had clearly violated the student rights by forcing the student to salute the flag and pledge of allegiances. Jackson reasoned that by forcing the student to salute the flag it was a sign of communicated an expression of set idea.
The unconstitutional Pledge should banned. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.” These are the 31 words millions of children across the United States recite each and every morning as they face the flag and place their hand over their hearts. Most students go through this daily obligation without objection and probably without giving it much thought at all, however that is not true for all students. Many students oppose the pledge for a multitude of reasons, some on philosophical grounds, and others for religious reasons.
Decades ago, children of various races could not go to school together in many locations of the United States. School districts could segregate students, legally, into different schools according to the color of their skin. The law said these separate schools had to be equal. Many schools for children that possessed color were of lesser quality than the schools for white students. To have separate schools for the black and white children became a basic rule in southern society.
“...they serve to advocate religion in violation of... the First Amendment...” (Court) This quote is saying that the school’s prayer was seen as a violation of the Establishment Clause of the First Amendment because of the government's involvement in all public schools. In the Establishment Clause of the First Amendment, it states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This reinforced that the Engel vs. Vitale court case was caused by a violation of the First Amendment, since the morning prayers could be seen as prohibiting.
Per 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.