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Monday 11 February 2013

Legal Brief Speeker V. South Bay County School District

Speeker vs. South Bay County instruct District
Facts
Susie Speeker attended a association sponsored health fair. Susies school, Oliver Wendell Holmes High School, had a booth at the fair. One of the topics her school chose to cover was the harmful effects of drug use. Susie attended the fair with her mother, father, and brother. Susies mother is a look cancer survivor. The Speeker family believes that hemp should be legalized for compassionate use. Susie held a squeeze at the fair that stated Be compassionate, legalize marijuana for medical purposes. Susie was photographed carrying the sign. The picture of Susie, with the sign, was published in the school paper. She was suspend from school for ten geezerhood.
Issue
Did the school district have the unspoiled to suspend Susie for her action? Assuming the school district was not justified in its action; does Susie have a lease low 42 U.S.C. 1983?
Discussion
42 U.S.C. 1983 made relief lendable to those whose constitutional rights have been violated by anyone acting under State authority. 42 U.S.C. 1983 was used in the drive putter around v. Des Moines; the law included making school boards apt(predicate) if they stood in the way of federally-protected rights. Susie was suspended from school for 10 days to uphold school policy.

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Susie and her parents appealed the suspension to the South Bay County School District which upheld the suspension.
Tinker v. Des Moines sets precedent for this case. In the case of Tinker v. Des Moines, the Court held that students have a root Amendment right to display armbands at school. The case ascertained that wearable of the armbands did cause aggressive disruptive action or chemical group demonstrations and sought to punish petitioners for a silent, passive expression of mental picture unaccompanied by any type of disturbance on the part of petitioners. District Court based their decision of the imagination that the action of school authorities was reasonable because it was based upon their alarm of a disturbance...If you want to get a full essay, holy order it on our website: Ordercustompaper.com



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