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The Kylie Smith Case

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The Kylie Smith Case

Category: Case Study

Subcategory: Criminal law

Level: College

Pages: 1

Words: 275

Student’s Name
Professor’s Name
Course
Date
The Kylie Smith Case
ISSUE
The case is as a result of Kylie Smith and the group wearing controversial attires to school which led to their suspension. The parents of the students sort legal redress since they supposed that the First Amendment right protected their children hence were justified to wear the t-shirts which were a sign of silent protest. The defendant, Harrison West High School, argued did not allow such attire since they could lead to disruption of school activities and the learning environment.
RULE
The case tries to evaluate whether prohibiting the students against wearing the controversial t-shirts as a sign of silent protest violates the victim’s freedom of speech enshrined in the First Amendment. Students were not allowed to wear the t-shirts at the school since the defendant viewed it as a possible interference of the school activities. In this case, The First Amendment is a significant element in determining the freedom of speech of the students. The word “speech” in this case is interpreted as a symbolic action (such as the t-shirts).
ANALYSIS
The parents who are the Plaintiff cited that punishing the students for their conduct was irrational and unjust. As such, they alleged the First Amendment should have protected their rights to silent protests such as wearing the t-shirts. The majority opinion supported the claim that “students or teachers [do not] shed their constitutional rights …

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