3
3
3
One whether the slate secondary school violated the first amendment by suspending the
appellant for selling “vegan sucks” pins after school off campus
2 Whether the Slayer Secondary School violated the appellant’s Fourteenth Amendment
procedural due process rights to notice and evidence of the charges
Fourth amendment: No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
● the appellant did not sell or bring the pins to school; she talked and conversed about the
election outside of school
● She sold them at the ALDC market outside of the official school grounds
The record states that Ms. Sonya was suspended for selling pins saying
that “vegan sucks” at the ALDC market. The school suspended her based
on the election laws they instated to prevent bullying and other disruptions
due to or relating to the election.
It is clear to notice two distinct facts that the slater representatives will
make: 1st, that the pins were related to the election, and 2nd, that they
were sold on school grounds. Both of these statements are entirely false.
Ms. Sonya sold the pins at the ALDC market; though the market did have
teachers present, it isn’t considered a part of the school. The market isn’t a
part of the school, so the school couldn’t say that the statements would
cause a school disruption at the time. The respondent will also attempt to
say that the pins were related to the election. However, there is no
reasonable proof to establish this as a fact or even enough to disperse
reasonable doubt. Sonya stated that she “ that the pins were meant to
support dillions campaign secretly”. This statement, first of all, is hearsay;
the statement was added to evidence and can’t be provided as proof of a
connection to the election law. But assuming this statement isn’t hearsay, it
can’t be used to prove it relates to the election as it occurs outside of
school. The Supreme Court ruling in Mahoney v. Bl protects students'
freedom of speech outside school. This case even protects crass and
crude language so long as there isn’t a reasonable disruption; this includes
inside the school, as ruled in Tinker.
Tinker established the idea of causing significant disruption. The pin
stating that “vegans suck” can’t be used by the school as a justification by
stating potential harm as the pins were too broad and couldn’t be tied back
to any particular candidate besides one. Making any broad statement could
affect any students who could be candidates. I could make a statement
saying that short people suck; this statement could potentially not be
election-related but can still refer to someone running for election. The
broadness of the statement in the pins can't reasonably justify the
statement that it was meant to target Evelyn. The school attempted to
suspend Sonya to curb students' free speech rights under the guise of a
reasonable fear for students' safety. It is straightforward to state that
Sonya’s statement, though even if considered directed towards vegans,
would be protected under Mahoney. The language occurred outside of
school, as the sister code of conduct discussing “outside election forms”
could be considered a violation of the First Amendment, which would
directly limit students' freedom of speech outside the school body.