JEA CJE Test Questions with
Detailed Verified Answers
Summarize Tinker v. Des Moines. Ans: Students were suspended by
school officials for wearing a simple black armband to school to
protest Vietnam War.
What was the supreme court ruling for Tinker v. Des Moines? Ans:
The U.S. Supreme Court held the students' speech was protected.
Students, the Court held, do not "shed their constitutional rights to
freedom of speech or expression at the schoolhouse gate," and
school officials may not punish or prohibit student speech unless
they can clearly demonstrate that it will result in a material and
substantial disruption of normal school activities or invades the
rights of others.
Summarize Hazelwood v. Kulhmeier. Ans: The principal of
Hazelwood East High School outside St. Louis, Mo., censored from
the student newspaper a special teen issue section that included
articles on teen pregnancy and the impact of divorce on students
that he found objectionable. Members of the student staff sued.
What was the U.S. District ruling for Hazelwood v. Kulhmeier? Ans:
The U.S District Court for the Eastern District of Missouri held that
students' First Amendment rights were not violated. The students
appealed.
What was the U.S. 8th Circuit Court of Appeals ruling for
Hazelwood v. Kulhmeier? Ans: The U.S. 8th Circuit Court of Appeals
reversed the District Court decision, primarily relying on the
Supreme Court's 1969 decision in Tinker.
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What was the U.S. Supreme Court ruling for Hazelwood v.
Kulhmeier? Ans: The U.S. Supreme Court reversed the Court of
Appeals decision and held that a high school-sponsored
newspaper produced as part of a class and without a "policy or
practice" establishing it as a public forum for student expression
could be censored where school officials demonstrated a
reasonable educational justification and where their censorship
was viewpoint-neutral.
Summarize Bethel v. Fraser? Ans: 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.
What was the U.S. Supreme Court ruling for Bethel v. Fraser? Ans:
The U.S. Supreme Court found that it was appropriate for the
school to prohibit the use of vulgar and offensive language. Chief
Justice Warren E. Burger distinguished between political speech
which the court previously had protected in Tinker ... and the
supposed sexual content of Fraser's message at the assembly.
Burger concluded that the First Amendment did not prohibit
schools from prohibiting vulgar and lewd speech since such
discourse was inconsistent with the "fundamental values of public
school education."
Summarize Morse v. Frederick. Ans: In 2002, high school principal
Deborah Morse suspended 18-year-old Joseph Frederick after he
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displayed a banner reading "BONG HiTS 4 JESUS" across the street
from the school during the 2002 Olympic Torch Relay.[2] Frederick
sued, claiming his constitutional rights to free speech were
violated.
What was the ruling of the district court? Ans: The District Court
found no constitutional violation and ruled in favor of Morse. The
court held that even if there were a violation, the principal had
qualified immunity from lawsuit.
What was the ruling of the Ninth Circuit Court? Ans: The U.S. Court
of Appeals for the Ninth Circuit reversed. The Ninth Circuit cited
Tinker v. Des Moines Independent Community School District,
which extended First Amendment protection to student speech
except where the speech would cause a disturbance. Because
Frederick was punished for his message rather than for any
disturbance, the Circuit Court ruled, the punishment was
unconstitutional. Furthermore, the principal had no qualified
immunity, because any reasonable principal would have known
that Morse's actions were unlawful.
What was the ruling of the US Supreme Court? Ans: The Court
reversed the Ninth Circuit by a 5-4 vote, ruling that school officials
can prohibit students from displaying messages that promote
illegal drug use. Chief Justice John Roberts's majority opinion held
that although students do have some right to political speech
even while in school, this right does not extend to pro-drug
messages that may undermine the school's important mission to
discourage drug use.
Summarize Dean v. Utica. Ans: Katy Dean wrote a story for the
Utica High School Arrow about a lawsuit filed against Utica
Community Schools by Utica residents Rey and Joanne Frances.