Please utilize the space that you feel is necessary to fully answer the questions. You are encouraged to use the materials provided in class and on Blackboard:
1. On a Sunday night, an 8th grade student shares via Instagram, a drawing, crude but clear suggesting a specific teacher should be shot and killed. The students in the school then shared the picture with other students and it went viral. By Monday morning, all of the students were discussing the threat in classes and many students did not come to school or called their parents to go home for fear of what might occur. Can the student be suspended for this form of speech? Explain your answer including an analysis of the legal standards and applicable case law.
According to the Education Centre and other various advocacies dealing with state student discipline, they argue that in this kind of case, students should be suspended from school or even expulsion regardless of age and are not obligated by state statute or regulations for alternative provision of education to those students chased away from schools. This will serve as a discipline action and an example to other students who think to come up with those types of illegal ideas.
2. Student is texting in class and the teacher takes his phone and turns it into the office. Later that day, the principal learns that the student has been bullying other peers via social media. The principal searches the student’s phone and opens his social media applications finding teasing statements posted in response to other student’s tweets on Twitter. The principal suspends the student for bullying. Was the search of the cell phone justified? Explain your answer including an analysis of the legal standards and applicable case law.
The teacher searching the cell phone was a legal action because he or she had a reason. He/she wanted to know the information,