Questions Essays - Case Law, Law, , Term Papers

Questions: 1. Why was Gitlow v. New York important? How does it apply to the question, "When should schools be able to limit students' online speech?" The Gitlow v New York case was important because it persuaded the Supreme Court into thinking that the First Amendment should be applied to other levels of government, instead of just to the federal government. This meant public schools, as well, which explains how this case applies to the question, "When should schools be able to limit students' online speech?" After the Supreme Court gave way to this rule, they were forced to allow certain limits on that freedom, knowing that some people might take advantage of the right to free speech. These limits were set in order to protect the well-being of others and our community. Thus, because of this ruling, it can clearly be seen when schools should be able to limit students' online speech. It is obvious, from this case, that they should use the limits set by the Supreme Court, and no other ones of their own. That is how this case applies to the question of "When should schools be able to limit students' online speech?" 2.Why was Tinker v. Des Moines important?How does it apply to the question, "When should schools be able to limit students' online speech?" The case of Tinker v. Des Moines was important because it ended in the Supreme Court ruling that students, like from the case, have free speech rights that do not end at the schoolhouse door. However, the Court also ruled that if student conduct substantially disrupts classwork or involves the invasion of the rights of others, the First Amendment does not protect it. Thus, the Supreme Court painted a fine line between having free speech rights outside of school and abusing this right at school or elsewhere. Secondly, this case applies to the question, "When should schools be able to limit students' online speech?" because it places even more limits on how much schools can limit students' online speech, for the Supreme Court ruled that school cannot only be the place for free speech, but should be accepted anywhere else, as well. Although, at the same time it also gave the school officials some advantages for the Supreme Court ruling also stated that if a student abuses his/her right, by behaving in a certain way that may disrupt classwork, then the First Amendment does not protect him/her. Therefore, the school can punish the student, which in the eyes of the Supreme Court would be fair. That is how this case applies to the question, "When should schools be able to limit students' online speech?" 3. Why was the case of Morse v. Frederick important?How does it apply to the question, "When should schools be able to limit students' online speech?" The case of Morse v. Frederick was important because during this case, the Supreme Court decided that schools could punish speech at school events, even off school grounds. Basically, a student could say something very insulting at a graduation ceremony in some venue rented by the school, and still be punished. This case applies to the question stated above, because only through this case, were school officials able to gain some power and support in limiting students' online speech. Of course, it was discussed above that schools should obviously be able to limit students' speech at school, if it was to be very insulting or disruptive, but this case put a wider view on this issue, allowing school officials to punish students' off-campus. Therefore, it applies to the question state above because this case enabled school officials to punish students for the supposed "abuse" of their speech, even off school grounds, which in some ways applies to online speech, as well. 4. Why are school officials concerned about students' online speech, even when it occurs outside of school hours and off school property? School officials are concerned about students' online speech, even when it occurs outside of school hours and off school property because it can spread quickly through many databases, easily spill over into schools and can hurt young people or students. Therefore, online speech is very effective and easy to find out about. Online