School Uniforms.pub - Florida Supreme Court

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Jimmy Madden v. School Board of Union County. In response to a number of studies that have shown that students who are required to wear uniforms have ...
The School Uniform

First Amendment United States Constitution “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The School Uniform Case Study Sheet I. What are the Facts?

_____________________________________________________ _____________________________________________________ _____________________________________________________ II. State the Issue to be Decided:

_____________________________________________________ _____________________________________________________ _____________________________________________________ III. Arguments for Petitioner:

_____________________________________________________ _____________________________________________________ _____________________________________________________ IV. Arguments for Respondent:

_____________________________________________________ _____________________________________________________ _____________________________________________________ V. What Would You Decide?

_____________________________________________________ _____________________________________________________ _____________________________________________________ VI. Reasons/Evaluation:

_____________________________________________________ _____________________________________________________ _____________________________________________________ VII. Mock Supreme Court Conference Decision:

_____________________________________________________ _____________________________________________________ VIII. Actual Decision of the Court:

_____________________________________________________ _____________________________________________________

The School Uniform Jimmy Madden v. School Board of Union County In response to a number of studies that have shown that students who are required to wear uniforms have better grades and fewer disciplinary problems, the School Board of Union County created a new policy requiring all of its students to wear uniforms. The School Board also pointed out that parents would not have to pay as much for school clothes with the uniform policy in place. When school started in the fall, Jimmy Madden decided he didn’t want to wear the uniforms. Jimmy and his parents filed suit against the School Board, claiming that the uniform policy was a violation of Jimmy’s First Amendment right to express himself freely. The circuit court, where Jimmy’s suit was heard first, decided that the School Board could not force Jimmy to wear school uniforms, because the policy limits Jimmy’s right to freedom of expression. The School Board appealed the decision to the next highest court, the District Court of Appeal. The district court disagreed and decided that the School Board could require students to wear school uniforms. Jimmy appealed the district court’s decision to the Florida Supreme Court. Due to the importance of this case, the Court has agreed to hear oral argument.

The School Uniform Constitutional Question Does the School Board’s policy requiring school uniforms violate a student’s First Amendment right to freedom of expression?

The School Uniform Petitioner Arguments MAY IT PLEASE THE COURT. MY NAME IS _____________ AND I REPRESENT THE PETITIONER, JIMMY MADDEN, WHO ARGUES THAT THE SCHOOL SHOULD NOT BE PERMITTED TO REQUIRE STUDENTS TO WEAR SCHOOL UNIFORMS. Jimmy’s Arguments (for not allowing school uniforms) include:

1.

Under the First Amendment right to freedom of expression, students should be allowed to wear whatever they want to express themselves.

2.

Uniforms are just as expensive as regular clothes and will not save parents any money.

3.

Students will perform better if they are allowed to wear what they want instead of being forced to wear a school uniform.

4.

Forcing every student to wear a uniform makes everyone the same and destroys the identity of a student as an individual.

5.

Schools can deal with appropriate clothing under the school dress codes.

Other: ___________________________________________ ___________________________________________ ___________________________________________

The School Uniform Respondent Arguments MAY IT PLEASE THE COURT. MY NAME IS _________________ AND I REPRESENT THE RESPONDENT, THE SCHOOL BOARD, WHO ARGUES THAT THE SCHOOL UNIFORM POLICY IS REASONABLE AND DOES NOT VIOLATE STUDENTS’ FIRST AMENDMENT RIGHTS. The School Board’s Arguments (for allowing school uniforms) include:

1.

Uniforms will allow administrators to easily identify nonstudents on the school grounds.

2.

Students will perform better if they are not distracted by fashion trends in school and what their classmates are wearing.

3.

Uniforms will eliminate the need to monitor students for inappropriate clothing.

4.

Uniforms will help parents because they will reduce the cost of school clothing.

5.

Uniforms will help prevent identifying rich students and poor students.

Other: ___________________________________________ ___________________________________________

The School Uniform Sample Questions for Justices Questions to ask the Petitioner (Jimmy): 1.

Don’t students who wear outrageous clothing in classes cause a disruption?

2.

Does clothing cause distraction from the learning process?

3.

Isn’t it important to limit the number of distractions from the learning process?

4.

Can’t you express yourself in other ways than just your clothing?

5.

Isn’t your freedom to choose clothes outside school sufficient for your self-expression?

Questions to ask the Respondent (School Board): 1.

Doesn’t this policy eliminate the right of each student to be an individual?

2.

Does disruptive clothing negatively impact test scores?

3.

If the dress code takes care of students who wear disruptive clothing, why are uniforms necessary?

4.

Do school uniforms actually cost less than regular clothes?

5.

Can’t school officials identify non-students, without the use of school uniforms?

The School Uniform Marshal’s Script (You

must call Court to order in a very loud voice.)

All rise. Hear ye! Hear ye! Hear ye! The Supreme Court of Florida is now in session. All who have cause to plea, draw near, give attention, and you shall be heard. God save these United States, this great State of Florida, and this honorable Court. (After all of the justices have entered and are standing in their spots, say:) Ladies and gentlemen, the Florida Supreme Court. Please be seated. (You must adjourn the Court after session is over in a very loud voice.) All Rise The Supreme Court of Florida is now Adjourned.

The School Uniform Chief Justice Script The Court is ready to hear the case of Jimmy Madden v. School Board of Union County. Are the attorneys ready to proceed? Attorneys for the Petitioner may begin. _____________ [When the Marshal calls time, you tell the petitioner’s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys for the Respondent may begin. _____________ [When the Marshal calls time, you tell the respondent’s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys for the Petitioner may present rebuttal. _____________ [When the Marshal calls time, you tell the petitioner’s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys, thank you for your arguments. The Court will announce its decision shortly.

The School Uniform Clerk (place on Clerk’s desk) After the arguments, the Justices will vote on the case. Count the votes for the Petitioner and Respondent. READ: The Florida Supreme Court has reached a decision in this case. By a vote of ___________ to ___________ the Court rules in favor of the _________________.

The School Uniform Vote Sheet Votes: Chief Justice Anstead

____________ ____________ Petitioner Respondent

Justice Wells

____________ ____________ Petitioner Respondent

Justice Pariente

____________ ____________ Petitioner Respondent

Justice Lewis

____________ ____________ Petitioner Respondent

Justice Quince

____________ ____________ Petitioner Respondent

Justice Cantero

____________ ____________ Petitioner Respondent

Justice Bell

____________ ____________ Petitioner Respondent