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I need to write a legal brief for each of the three landmark cases listed Each case was decided by the U.S. Supreme Court. All the cases are related to educational institutions and the Constitutional rights of the parties involved in these cases. The legal brief must contain the following information:
Facts: What actually happened, what was the controversy? What events led up to the case? Briefly mention any lower court decision related to this case. Name of the parties. Full name of the case. What happened factually and procedurally and the judgment.
Issue: State briefly what is in dispute in these cases?
Holding: The holding is provided for each case, and you can expand on the holding if needed.
Reason for the holding. This is where you will use your critical thinking skills to explain the rationale for the holding (legal analysis).
Case 1 Brown v. Board of Education (1954) Holding:
Separate schools are not equal.
In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of “separate but equal.” The National Association for the Advancement of Colored People disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas, school system. In 1954, the Court reversed its Plessy decision, declaring that “separate schools are inherently unequal.”
Case 2 Bethel School District #43 v. Fraser (1987) Holding:
Students do not have a First Amendment right to make obscene speeches in school.
Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office. The Supreme Court held that his free speech rights were not violated.
Case 3 Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002) Holding:
Random drug tests of students involved in extracurricular activities do not violate the Fourth Amendment.
In Veronia School District v. Acton (1995), the Supreme Court held that random drug tests of student athletes do not violate the Fourth Amendment’s prohibition of unreasonable searches and seizures. Some schools then began to require drug tests of all students in extracurricular activities. The Supreme Court in Earls upheld this practice.
Discuss each party’s argument concerning the ultimate legal issue. At the end of the paper, write a personal commentary concerning each of the cases (how you feel about the decisions, the cases, the opposing parties, the importance of U.S. Constitution, and so on) Use one cover page (use a header for each case that is briefed)
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