The purpose of our first simulation is for you to demonstrate the skills you have developed over the first quarter of the term, specifically:
the ability to read and understand Court opinions
the ability to summarize Court opinions in brief form
the ability to apply legal concepts to similar, related scenarios
For the simulation each side will get a maximum of eighteen (18) minutes to present their case. The team representing the students will go first. Each member must speak for between two (2) and three (3) minutes. Following the presentation, the Judges will be able to ask questions for five (5) minutes. When the questions are concluded, the team of lawyers representing the school will present. Each member must speak for between two (2) and three (3) minutes. Following the presentation, the Judges will be able to ask questions for five (5) minutes.
As you can see, the presentation and questions will take a maximum of 46 minutes. When this is complete, each team has the option of making a 1 minute summary argument. At that time, the Judges will withdraw to their chambers (my office after school) and decide the winner. They will then each write their individual opinions on the case, providing clear legal reasoning to support their decisions.
For the lawyers in the case, your grade will be out of 30 points, with a chance to earn up to 10 points for teamwork; up to 10 points for the clearness of your argument and mastery of the case law; and up to 10 points for the quality of your presentation.
For the judges, your grade will be out of 30 points, with a chance to earn up to 10 points for asking questions that help clarify the case; up to 10 points for your written opinion in the case and up to 10 points for teamwork.
As you plan out your preparation for the simulation (3 hours and 35 minutes of class time, plus over six nights of homework time) lawyers should make sure that the arguments are equally divided between the six members of the group to avoid repetition. Lawyers and Judges should make sure that they are fully aware of the reasoning in the cases we have read relating to student freedom of speech in schools , as well as in any other significant precedents.
Remember that legal reasoning will employ the Constitution, laws and previous Court opinions. In this case, you will need to be aware of Constitutional issues (First Amendment) as well as the laws referenced in the suit. You will want to evaluate the rules of Kirby Academy and the conduct of its administration in light of your understanding of the Court's rulings on student freedom of speech.
The winner will be decided based on quality of the presentation, including the reasoning as well as the actual speaking. You will have 40 minutes to rehearse on Monday, September 29, followed by the actual court proceedings on Wednesday, October 1.
In October of 2012, two female students ("JJ" and "CC"), sophomores at Kirby Academy (a K-12 charter school in Northeastern Pennsylvania) asked for and received permission to make a presentation on the school's on-campus television network. Every Monday at 10:30 am (two and a half hours after the start of school) students at Kirby Academy gather in classrooms to watch a student-produced news program which is produced as part of the school's Broadcast Journalism class. In addition to the campus audience, the program is also simulcast over the web for families of students and alumnae to watch. Student announcements can cover upcoming sporting events, ongoing charity efforts, club meetings, and other topics.
JJ and CC made a presentation announcing a fundraising effort they had initiated in conjunction with October's Breast Cancer Awareness Month. During the live video presentation, JJ wore a jewel-necked pink knit shirt that said "Don't Let Breast Cancer Steal Second Base" with two baseballs located over each breast; meanwhile CC wore a long-sleeved henley shirt with the slogan "Save the Boobies" embroidered over the heart. Each girl also wore tights, though these were not visible on-screen as they were sitting behind a desk. They closed the presentation by chanting "Save the Boobies!" repeatedly as the broadcast came to a close.
Immediately following the television show, JJ and CC were called into the office of Dean Dave Williams. Williams said that the girls had violated the school dress code and had embarrassed the school, their families and themselves by wearing such "lewd, immodest and un-ladylike clothing and behavior" during a school activity. The girls were ordered to either change into oversized choir robes emblazoned "Dress Code" on the back or to accept a suspension. JJ wore the robe to classes for the rest of the day, while CC accepted the suspension.
Later, the parents of both girls sued the school
for violations of the First Amendment, the Family
Educational Rights and Privacy Act (FERPA), and for having a
dress code that unfairly discriminated against girls. They
asked for unspecified damages and legal costs. The District
Court dismissed the charges based on qualified immunity and
the families appealed to the 3rd Circuit Court of Appeals,
which also ruled in favor of the school, but disallowed the
immunity exemption. The families appealed to the
Supreme Court.
The following is the dress code at Kirby Academy:
Kirby Academy students are expected to uphold a standard of dress that we can all be proud of. As a college preparatory charter school, Kirby Academy prepares students for college and for life. Nearness in dress conveys a professional attitude, self-respect and a seriousness towards academics and other aspects of school life. Our standard of dress is symbolic of what the school represents and is therefore an integral part of a Kirby Academy education.
Our standard of dress allows for a degree of individual expression, but the "spirit" of our expectation requires all students to be dressed in a neat, clean, untorn, unpatched and non-provocative clothing. The following points provide further clarification:
Males must always wear a shirt with a collar unless wearing a crew neck sweater or v-neck sweater with a t-shirt on underneath.
Female tops may include a dressy blouse, a polo type shirt, or a knit sweater. T-shirts are not permitted; however jewel necked, knit shirts may be worn. Dressy tank tops or tank-style dresses are permitted but they must be in good taste and will likely require a sweater to cover the top if the straps are less than two inches in width. Strapless or open-back dresses are prohibited.
Dresses and skirts must be of modest length. Also, skirts should be of modest fit; form-fitting, 'tube' skirts are prohibited. Frayed hems are also prohibited.
All boys' pants must be full length and hemmed; pants may not be frayed or cut-off.
Girls' pants must be of a modest fit and should be of a style that is considered dress. Leggings, 'jeggings' etc. are not permitted to substitute as dress pants. If worn, these must be covered by an appropriate length skirt or dress.
Clothes that either expose undergarments or are worn such that they expose undergarments are prohibited.
Jeans or 'jean style' pants of an color are not permitted.
During the months of September and May, both girls and boys may wear Bermuda or khaki-style shorts providing they come to the top of the knee.
Hooded sweatshirts are not permitted in classrooms.
Sandals may be worn, but they must be leather and not rubber or plastic beach or shower-type sandals. Athletic style sneakers or footwear is prohibited.
Males may wear neatly trimmed facial hair; long hair for all students should be kept so that it does not fall in one's face.
Hats may not be worn indoors.
Hair colors or highlights other than natural tones are not permitted.
Faculty members are empowered to warn or
assign an appropriate punishment to students who are not in
compliance with our expected standard of dress.
Middle School Bans Tight Pants Because They 'Distract the Boys'
High
Schoolers Protest Unrealistic Dress Code After 200 Get
Detention
Confusing School Ban Over 'Distracting' Leggings Ignites Controversy