The purpose of our first simulation is for you to demonstrate the skills you have developed over the first quarter of the term, specifically:

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.

 


FACTS OF THE CASE

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:

 

Faculty members are empowered to warn or assign an appropriate punishment to students who are not in compliance with our expected standard of dress.

 


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