College Law; "The Vagina Monologues"

We're currently reviewing Constitutional Law in my College Law Course, and I was assigned to be an attorney for a moot court case (basically we get the case's Stipulation of Facts, the Affidavit of the Plaintiff, and the Affidavit of the Defendant and have to use them to simulate an actual court case), and due to Hurricane Sandy's impact my school has been closed so I'd like to take this opportunity to try to enhance my case by doing some research online about it and try to extend the length of my argument when we go back to school and have to act out the case. I was assigned as the lead Attorney to the Defense, representing Mr. Principle (corny teacher = corny made-up names).

Anywho, here's some quick info.:

I'm trying to research my argument from the Defense's point-of-view, but it's harder than I thought it'd be. Initially I thought that you give up some constitutional rights in a school, such as limitations on your speech to protect other children and the educational process, but a lot of cases I'm looking at from the Supreme Court are really more lenient towards giving student more speech in public schools.


So here's what I'm asking:

If you were a juror in this case, would you find the Defendant responsible or not responsible? (In non-criminal cases, the defendant is found responsible or not responsible, criminal cases are guilty or not guilty.) Why are you finding the Defendant in that manner?


Thanks everybody, I hope to get some interesting arguments out of this topic that will inspire some views I may not have previously taken into consideration, so seeing what you all think of this will definitely be beneficial to my case.

Always,
Philosophic​

 

Well for one I wouldn't take a jury trial for this. I would lobby for a bench trial if at all possible because an average citizen knows exactly shit about constitutional law.

Here are a few referential cases that you should look at involving free speech in school, all higher court cases:

http://www.supremecourt.gov/opinions/06pdf/06-278.pdf
http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/hazelwood.html

This is probably the best case to reference:
http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html


That should help you out.


Essentially public schools are a service that is provided by the government because every citizen has a right to an education and any thing that would disrupt in any way is punishable. By disrupting another's education you are limiting their right, and that is why schools are generally uptight about things like that. I am not sure if you found the decisions that say this but schools are allowed to suppress the speech of a student if they are made in a publication or a public forum supported by the school.

Also do the Tinker test.