1st Amendment

First Amendment:

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.

The Court Case:

This court case summarized is this: a high school student tried to sue the school because she used some mildly explicit language while describing the school board on her blog. The reason for this was that she didn't agree with the way he school handled the organization of a rock event. The school board saw the blog, and then forbid her from running for senior class secretary. The girl claimed that it was her first amendment right to say what she wants.

The Verdict:

On appeal, a three-judge panel of the 2nd U.S. Circuit Court of Appeals affirmed the lower court in its May 2008 decision in Doninger v. Niehoff. The appeals court determined that Doninger should lose her First Amendment claim because school officials did not violate the standard articulated by the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District (1969), which allows school officials to censor student expression only if they can reasonably forecast that the student speech will cause a substantial disruption of school activities or invade the rights of others.

My Opinion:

I think this court case went as it should have. I think the school board should have won this case, because it way mainly over a dramatic teenage girl being immature and making stupid choices. This shows that students can't always sue their way out of consequences of their actions.


Created with images by mrsdkrebs - "American Flag"

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