Facts - Post
How old is Kevin Smith?
16 years old
How was Kevin brought to the Principal's Office?
SRO Ritter came and pullled him out of class
What is the Tinker test?
Student speech can be limited if there is a forecast of a material and substantial disruption. Fear of a disturbance is not enough.
When a person is in custody and is being interrogated.
Describe the First Amendment
The government/ public schools can't limit your freedom of speech
What was the first incident of cyber bullying at New Columbia that prompted the new bullying policy?
Bullying a female student over Facebook Messenger
Who was in the room while Kevin was questioned?
Principal, vice principal, SRO Ritter
Students wore black armbands in protest of the war in Vietnam.
(1) What were the circumstances surrounding the interrogation and (2) Looking at the circumstances, would a reasonable person have felt he could end the questioning and leave?
Explain the part of the 5th Amendment that this problem deals with.
Right against self-incrimination - no person shall be made to be a witness against themselves.
What was Kevin's bullying post?
Uploading a photo of Joel, a known bully, dressed as a clown with a caption calling him "not so touch" and tagging several friends from school in the photo.
Describe the room that Kevin was questioned in and its condition during the questioning
It was a small office, the door was unlocked, SRO Ritter stood by the door
What was the court's decision in JS v Bethlehem?
Even though the speech was off campus, a student can be disciplined for off campus speech when it is foreseeable that the speech might reach campus and create a risk of harm to an individual or a substantial disruption.
What is the important holding from JDB?
Court's can consider a student's age in the custody analysis.
Warnings given by the police that say you have the right to remain silent and the right to an attorney.
How did Kevin's instagram post reach the school?
He tagged his friends from school, many students brought it up on their phones, one student printed it out and taped it to Joel's locker.
Who asked Kevin the questions?
Principal Johnson, Vice Principal and SRO Ritter were all asking questions
What was the court's holding in J.C. v Beverly Hills?
The school violated JC's first amendment rights by disciplining her for posting the video of campus because there was no substantial disruption or reasonable foreseeable risk of substantial disruption as a result of the video.
What was the court's holding in B.A. v. State?
BA was in custody and being interrogated because there were 1-3 officers in the room at all times and no reasonable person would have felt free to leave.
When must Miranda warnings be given?
During a custodial interrogation.
How did Kevin's post affect class time?
Several teachers complained they needed to stop and address the bullying in class.
When was Kevin given his Miranda rights?
As soon as he admitted to making the post
What was the court's holding in J.S. v Blue Mountain School District?
The fake MySpace profile did not cause a substantial disruption and there was no forecast of disruption. The speech was purely off campus and not intended to reach the school.
What was the holding of In Re CH?
C.H. was in custody because he was not told he was free to leave or under arrest. He was placed in custody and transported immediately after the interview.
What the the holding of People v. N.A.S?
There was no custodial interrogation because his family was present along with school officials and one police officer who didn't ask any questions.