Case A Decision Template

As you read this case, imagine you are a Supreme Court justice analyzing the case. By the end of the reading you should be able to determine the following things:

What type of expression found in the First Amendment relates to the case?
What is this case really about? Why does each side believe they are right?
How this case is similar to the Hazelwood v. Kuhlmeier case?
Case A
The drama class at a middle school was preparing for their spring play in the school auditorium. One week before the performance, a parent complained to the school board that the play was inappropriate for middle school students. The school board agreed and contacted the principal, who then informed the classes that the show was canceled. Students were upset that their preparations were a waste. They believe they have the right to freedom of expression in performing the play. The school board said that students are minors and that it must approve decisions about what is presented in school by teachers or students. The students did not have time to plan a different show. A group of the students’ parents brought the case to court on their behalf, but they lost the case in state district court. The students’ parents appealed the district court’s decision to their state court of appeals. There the students and their parents won the case, but the school board appealed the decision to their state-level supreme court. The state supreme court ruled in favor of the school board. Unhappy with the state supreme court’s decision, the students’ parents are now appealing to the U.S. Supreme Court.

Step 1: Answer the following questions in complete sentences.
What is this case about?

How is this case similar to the Hazelwood v. Kuhlmeier case?

Which type of expression listed in the First Amendment relates to this case?

Step 2: Make your Decision
Now it’s time to pretend you are a judge! Explain, like a judge, your thoughts on the case and why you feel this way. For each question you should explain your answer in at least two to three complete sentences.

Why did the school board believe they had the right to cancel the play?

Why did the students believe they had the right to perform the play?

Should the students be allowed to perform their school play? Why or why not? Give three reasons to support your decision. At least one of your reasons should be based on what you learned about the Hazelwood v. Kuhlmeier case.

Reason #1:

Reason #2:

Reason #3:

Do you think the school should be allowed to censor the material of a school play or school newspaper? Why or why not? Be sure to use what you know about the First Amendment to support your answer.
Step 3: Share and Improve
Share your work with a trusted adult. Does he or she think you supported your case decision with enough detail? Does he or she have any other insight about the case you may not have considered? You can improve your work by making changes or additions.

Who did you share your work with, and what comments did he or she give you?

Did you make changes to improve your work? Briefly list the changes, such as “added detail about First Amendment” or “fixed spelling errors.”

The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Explanation:

This final portion of section 2 tells us that in the trial of all crimes, except impeachment, the accused has a right to a trial by jury. These trials are held in the state where the crime is committed.

Impeachment is the process described in the Constitution by which high officers of the U.S. government may be accused, tried, and removed from office for misconduct; the House of Representatives is responsible for the inquiry and formal accusation, and the Senate is responsible for the trial.

Explanation: