Killion Case Briefing 4 PDF

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Holland Ackerman Dr. Gabler Pol Sci 24 April 1, 2019 1. Case Citation a. Killion Vs. Franklin Regional School District i. Franklin Regional High School vs. Joanne Killion (guardian of Zachariah Paul) b. Decided March 22, 2001 c. Supreme Court 2. Facts a. Facts of the case i. Paul was angered by his athletic director, Robert Bozzuto, and wrote a “top ten” list that contained offensive remarks. ii. Although Paul created the list at home and distributed it through his home computer, the list made its way onto school grounds. iii. Paul was suspended for ten days for “verbal/written abuse of a staff member” after admitting he created the list (denied bringing it onto school grounds). 3. Issues i. Violations of the 1st and 14th amendments. ii. DOES THE DISCIPLINARY ACTION VIOLATE HIS FREEDOM OF SPEECH/PRESS? 4. Holding a. Yes b. This case failed Tinker vs. Des Moines substantial disruption test. 5. Rationale a. There wasn’t enough evidence linking Paul to the distribution of the list on campus. b. Paul created the list and exercised his free speech within his own home. c. Paul’s list did not adequately cause a disruption or harm the administrations ability to discipline students. d. Klein Vs. Smith, Fraser Vs. Bethel, and Thomas Vs. Board were considered in this decision. Works Cited: 1. “Killion v. Franklin Regional School Dist., 136 F. Supp. 2d 446 (W.D. Pa. 2001).” Justia Law, law.justia.com/cases/federal/district-courts/ FSupp2/136/446/2579804/....