![]() ![]() Upon further investigation, you notice that Shrid's family recently immigrated to the United States for his father's job. As the school psychologist, you offered to collect additional data from the team, review his record, and talk with Shrid's parents to see if an evaluation may be appropriate to consider. The team's primary concerns included Shrid's lack of participation in class and poor performance in reading and writing. Professor David Cohen: Elonis v.At their most recent grade level meeting, the fourth grade team suggested that Shrid should be considered for a special education evaluation to determine whether he has a learning disability.Introducing Not Your Father’s First Amendment.“The Civil Rights Roots of Tinker’s Disruption Tests” by Kristine L.“Toothless Tinker: The Continued Erosion of Student Speech Rights” by Dan Kozlowski.“Rehabilitating Tinker: A Modest Proposal to Protect Public-School Students’ First Amendment Free-Expression Rights in the Digital Age” by Aaron Hersh.As for whether leaving school for the Global Climate Strike was actual interference? That’s up to the schools to decide. A fear of disruptions would not be enough reason to limit speech, only actual interference. For a school to control student speech, the student’s conduct had to “materially and substantially interfere” with school functions. ![]() In a 7-2 ruling, written by Justice Abe Fortas, the court found that students did not lose their rights to freedom of speech when stepping onto school property. While the District Court and the Court of Appeals found that the school’s actions were reasonable in order to maintain school discipline, the Supreme Court disagreed. Several of the students were sent home, and their parents helped them to file suit alleging that their freedom of expression was being violated. Their Des Moines high school enacted a policy in response that any student wearing an armband to school would be suspended. That freedom stems from the ruling in a 1969 case in which a group of students wore black armbands to school in order to protest U.S. If one of those students had shown up in school that morning (as many likely did) wearing a shirt protesting the U.S.’s recent environmental deregulations, they would have been free to do so. Striking students poured out of schools recently for the Global Climate Strike. ![]()
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