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A School Websites’ Dilemma                                                                                                                                                                        

Hazelwood v. Kuhlmeier (1988)

" . . . educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."


—Chief Justice Earl Warren,
speaking for the majority


Curtis Cobain was a student in your school, Averagetown High School.  He recently died and officially his death was listed as natural causes.     As the webmaster of the school’s website, you and some other students on your staff want to publish an obituary on the school website stating that he allegedly died as a result of a night of drug use.  The story will be based on interviews with students who claim that they were with Mr. Cobain the night of his death or had prior knowledge of Mr. Cobain’s lifestyle.   You and your staff also plan to include on the website pro and con debates about the legalization of drugs and a survey of drug use in the school.  The administration of the school has told the website coordinator that he can’t use the obituary, the debate or the survey citing their right to “censor” and their right of “prior review”.  The Administration cites the U. S. Supreme court decision of Hazelwood v. Kuhlmeier as their legal basis for censoring the proposed web pages.

You will come to recognize and understand how and why a case is brought before the Supreme Court by focusing on the Hazelwood v. Kuhlmier case using a software application called COMPULEGAL. You and your teams will develop contrasting PowerPoint presentations highlighting the facts of the case, contrasting arguments, precedents, the U.S. Court system, the U.S. Constitution and finally the decision.  Each group will then develop follow-up questions for group discussion.

You and your team will accomplish this task by using one primarily the COMPULEGAL website AND PowerPoint as well as additional Internet resources provided by your instructor.

Your team will either prepare a PowerPoint presentation supporting the Administration’s case or the case of the web-site coordinator.   Your will use the COMPULEGAL website to help understand the facts, issues, arguments, and precedents used in the Hazelwood decision to prepare your presentation.

1.       http://www.maxwell.syr.edu/plegal/scales/hazelvis.html - based on this visualization provided by the COMPULEGAL website, please write a short skit illustrating the Corbin case at Averagetown H.S and present it on at least one but no more than two PowerPoint slides.  You can use computer graphics if you know how.

  1. Have your group fill our the form available at:  http://www.maxwell.syr.edu/plegal/scales/hazeliss.html @ the COMPULEGAL website.

Using the above information, form a coherent issue question, which contains all the necessary information.     Present theses findings on a PowerPoint slide.

  1. Reasoning

Reasoning: Reasoning is explaining or justifying why a justice decided to choose one side over another in a conflict. That reasoning is based upon the legal factors which support one side over another. This could include precedents (previously decided court decisions which are supposed to guide judges in deciding present similar cases; the law (existing constitutional and statutory laws which apply to the case in question) and other factors (these include political affiliation of the justice, his or her personal ideology, or experience, etc..)

Based upon the above definition from the COMPULEGAL website located @ http://www.maxwell.syr.edu/plegal/scales/instruct3.html - formulate the reasoning for your argument and present it on PowerPoint slide.

4.      Based on the arguments made Hazelwood v. Kuhlmeier: Arguments located @ http://www.maxwell.syr.edu/plegal/scales/hazelargu.html on the COMPULEGAL present your own arguments on a PowerPoint slide.

 

Argument #1: The Court should rule for Fraser and the other students. It is unconstitutional for the principal (and the school) to exert prior restraint on the students' newspaper.
 

Argument #2: The Court should agree with the school district. The newspaper is funded by the school and they have the authority to decide whether material is appropriate or not.

 

5.      Look at the three examples of precedents that appear at @ http://www.maxwell.syr.edu/plegal/scales/hazelprec.html on the COMPULEGAL website.  Choose at least two of these and no more than four total precedents that you could use to help argue your side of the case.

 

6.      Prepare PowerPoint slides answering the following questions using the COMPULEGAL site http://www.maxwell.syr.edu/plegal/scales/court.html: Insert graphics as instructed.

 

Slide 1 - The U.S. Supreme Court Building is located the city of _____________________.

(Insert a picture of the U.S. Supreme Court Building.

 

Slide 2 - The Supreme Court of the United States was created by Sec _______ Article __________ of the U.S. Constitution.

 

Insert picture of the U.S. Supreme Court

 

Slide 3 - What is judicial review?  List and very briefly describe at least two outside factors that exert influence on the Court

 

Slide 4 - Who is the Chief Justice of the United States Supreme Court?  Which president nominated him for the court?  Which president nominated him for the Chief Justice position?   Insert a picture of the Chief Justice

 

7.      Answer the following questions about the Article 3 of the U.S. Constitution on one or two PowerPoint Slides using http://www.law.cornell.edu/constitution/constitution.articleiii.html#section1 from the COMPULEGAL website.

 

a.      According to Section 1. The judicial power of the United States shall be vested in ______________________.

b.      According to the Section 2 of Article 3 of the United Constitution, judicial power shall extend to treaties?

c.       Briefly decribe in your own words what Section 3 of Article 3 says about treason?

 

 

  1. Using http://www.maxwell.syr.edu/plegal/scales/glossary.html @ COMPULEGAL -  which is a glossary of legal terms listed on the COMPULEGAL website please match the term with the definition.  Include any five definitions with the correct term on a PowerPoint Slide.

 

 

Statements which organize the strengths of a particular side in a case or values conflict.    _________________

 

Any falsely written statement tending to ruin a reputation.   _________________

 

 

The decision agreed upon by more than half of the members of the court who reviewed the case.   _________________

 

 

Used in Project LEGAL to describe a value held by the government. It is a concern about protecting our society from actions, which could threaten our government. Sometimes it results in government actions which may conflict with individual values.

            _________________

 

 

Money that an arrested person pays to be let out of jail until his trial. If he appears at his trial, he is repaid the money.  _________________

 

 

The first ten Amendments to the U.S. Constitution. These contain our freedoms regarding the national government.

_________________

 

 

The branch of law concerned with conflicts between individuals.   _________________

 

 

Those personal freedoms which are contained in the U.S. Constitution, including its Amendments.   _________________

 

 

The branch of law concerned with actions taken by the government against a person accused of committing a crime.

 

_________________

 

 

In Supreme Court cases, the decision is the majority opinion of the nine justices, obtained by voting on the case.

 

_________________

 

A Review of proceedings that have taken place in a court.

 

_________________

 

In a court case, each side's actions are supported by specific laws or constitutional rights.

 

 

_________________

 

The behavior of a person or organization. The Project develops the relationships among actions, values and laws.  _____

 

_________________

 

 

An addition to the original U.S. Constitution. ___________

 

_________________

 

 

To try to have a court decision reviewed by a higher court. One side argues that a mistake has been made and seeks to have a higher court change the decision. ____________

 

_________________

 

 

To bring a civil lawsuit.    _________________

 

 

The legal proceeding which makes a judgment regarding the facts and issues of a case.    _________________

 

 

A law (or any government action) which is contrary to what is allowed by the U.S. Constitution; therefore, the law or action may no longer apply.  

 

  _________________

 

 

When a higher court disagrees with a lower court's decision and changes that decision; also to reverse.

 

_________________

 

 

The side which begins a civil case.

 

 

_________________

 

 

A previous court decision that will influence future similar cases.

 

 

_________________

 

 

The attorney who represents the government's side in a criminal case (usually called a district attorney).

 

_________________

 

 

In a court opinion (either majority or minority), one of the justices writes up the major legal factors which support the decision.

 

_________________

 

     

An important freedom contained in the 1st Amendment. Courts have ruled it does not only mean talking, but also "symbolic" speech--buttons, signs, protests, demonstrations, etc..

 

_________________

 

 

Things (beliefs, objects, ideas, etc...) which a person considers important and affects his or her actions; values also affect a society's laws.

 

_________________

 

 

When the actions and values of one person (or organization, government) are directly opposed to the actions and values of another; legal values conflicts mean that each side's actions and values are supported by laws or constitutional rights.

 

 

9.         Please go to the COMPULEGAL website, find the decision of  Hazelwood v. Kuhlmeier (1988). On a PowerPoint slide explain in your own words in one or two concise paragraphs whether you agree or disagree with the decision.

 

10.  Please go back and check you PowerPoint presentations for: spelling, formatting, custom animation, and fact verification.

 

 

COMPULEGAL

http://www.maxwell.syr.edu/plegal/tips.html

http://www.maxwell.syr.edu/plegal/scales/hazel.html

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hazelwood.html

http://www.waltonhs.com/links/links.htm

 

http://opinionpower.com/Surveys/47801993.html - you can conduct your own survey.

 

http://www.cnn.com/2002/LAW/08/28/skakel.sentencing/index.html  - CNN – Findlaw Dictionary

 

Evaluation

Rubric

Criteria

Score

Factual Content-The information included in the presentation is accurate and relevant to the topic.

 

Use of COMPULEGAL website to obtain primary sources- (e.g., photographs, Supreme Court rulings, Federal legislation, personal accounts, etc.)

 

Media Use-(PowerPoint)The sounds, images, animations, and slide transitions that are used are both relevant and purposeful.

 

Organization-The PowerPoint presentation is organized in a logical manner, making it easy to understand the information that is being presented.

 

Citation-The last slide of the PowerPoint presentation contains an MLA-style Works Consulted listing all of the resources used for this project (e.g., textbook, review book, web pages, etc.).

 

Formatting-The segment maintains the formatting required to create a uniform class documentary (e.g., background color, font size, font type, font color, etc.) and is between 10 and 15 minutes in length.

 

Total Points

 

Grade

 

Each of these criteria will be rated according to the following point scale:

Score

Meaning

3

Excellent-This criteria has been met in every possible way, and may even exceed expectations.

2

Acceptable-This criteria has been mostly addressed, however, there is room for improvement.

1

Sub par-Some elements have been met, but most of the criteria fails to be addressed.

0

Incomplete-This criteria has not been addressed in any meaningful way or has not been completed.

 

Standards:

 

Social Studies

Standard 5 Civics, Citizenship, and Government

Understand how the United States and New York Constitutions support majority rule but also protect the rights of the minority

Understand how civic values reflected in the United States and New York Constitutions have been implemented through laws and practices

 

Language Arts

E1c: Read and Comprehend information materials

E2a: Produce a report of information

E3b: Participate in group meetings

 

 

 

Your team has been presenting the argument of either the coordinator of the school web site or the school administrator concerning the posting of the instigative report and accompanying debate and survey on the school website at Averagetown H.S.  Your team has completed a PowerPoint presentation contrasting, comparing and discussing the dilemma at Averagetown H.S. utilizing the COMPULEGAL  Website.  The focus of your presentation has been on the Supreme Court case of Hazelwood v. Kuhlmeier.  In completing this task you have developed PowerPoint presentations highlighting: the facts of the Hazelwood v. Kuhlmeier case, contrasting arguments, precedents, the U.S. Court system, the U.S. Constitution and finally the decision.  Each group has then developed follow-up questions for group discussion.