Civil Liberties: ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBong Hits 4 JesusÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Introduction and instructions:
One of the most basic civil liberties we have is freedom of speech and this includes expression. As a student, you may wonder if you have the same freedom of speech as anyone else. This Supreme Court case, Morse v. Frederick (2007) also known as ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBong Hits 4 Jesus,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â explores the question of freedom of speech for high school students.
Listen to or read the background information, listen to the oral arguments, and answer the questions below.
You will find MP3 recordings for each section or for the whole program at Justice Talking. If you have any problems with the MP3 recordings, you can also download and print the transcripts. There is also a closed caption option.
Sections you are required to listen to or read:
1. Read the overview
2. Listen to or read ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe Facts of Student SpeechÃƒÂ¢Ã¢â€šÂ¬Ã‚Â by Professor Robert Richards.
3. Listen to the ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œDebate on the Issue: Morse v. FrederickÃƒÂ¢Ã¢â€šÂ¬Ã‚Â interviews with Joseph Frederick (the student), Kenneth Starr of Pepperdine, and Jay Sekulow of the American Center for Law and Justice.
4. Listen to the interview with Mary Beth Tinker from the Tinker v. Des Moines School District (1969).
All of these are found at: http://www.justicetalking.org/ShowPage.aspx?ShowID=600
5. Listen to the actual oral arguments at the Supreme Court. During the oral arguments, you will hear 3 lawyers: Kenneth Starr represents the principal Deborah Morse, Edwin Kneedler represents the U.S. government, and Douglas Mertz represents Joseph Fredrick.
Expanded view letÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s you follow along with visuals.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBong Hits 4 JesusÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
After listening to or reading the arguments, answer the following questions.
1. What is speech? Where do we find it in the Bill of Rights?
Part 2 The Facts of Student Speech
1. What was the guiding principle until 1986 concerning limits of student speech?
2. What particular event in 1999 led to the justification for limitations on student speech?
3. What kinds of student expression are challenged by school districts?
Part 3 Debate on the Issue: Morse v. Frederick
1. In what ways does this case question the limitations of free speech?
2. In what ways are Starr and Sekulow similar?
a. How can they share similar affiliations but be positioned at odds with one another?
3. What was Supreme Court oral arguments like?
a. How much time did each lawyer have?
a. Did the lawyers get interrupted?
b. How did each handle it?
c. Provide a few examples of the Constitutional issues that each lawyer uses in his argument (e.g. Kenneth Starr mentions Federalism).
4. According to the court’s opinion in Morse et al. v. Frederick handed down on June 27, 2007, what was the decision reached by the majority of the justices of the U.S. Supreme Court?
a. What was the vote?
Part 4 The Tinker Case
1. What was the issue in this case, and what did the Court decide?
Part 5 Conclusion
1. Do you agree or disagree with the Court and why?
One-inch margins, single-spaced, and standard size font.
You may use bullets or numbers as they are set out above or you may use paragraph form.
This assignment should be at a minimum 2 pages.