PSCI 3303 Lecture Notes - Lecture 5: Antonin Scalia, Stolen Valor, Intermediate Scrutiny
17 Oct 2016
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Facts: matthew fraser delivered a speech about nominating a fellow student for student elective office. He referred to his candidate in terms of an elaborate, graphic sexual metaphor. School has a rule that conduct that interfere with educational process is prohibited, including the use of obscene language or gestures. Response: there is a difference between wearing an armband for political speech and sexual speech. Tinker v. des moines does not intrude upon the work of the school or the rights of other children. The role of public schoosl are to prepare the children for citizenship in the republic, inculcate the habits and manners of civility as values in the(cid:373)selves co(cid:374)ducive to happi(cid:374)ess . Dissenting opinion: marshall: the school failed to demonstrate that what he said was disruptive. Stevens: the student should have been noticed of the scope of the prohibition and the consequences of its violation.
