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Novato Unified School District hypertension herbs buy cheap carvedilol 12.5mg on-line, the California Court of Appeal decided that two politically charged student articles in a school paper that angered students and parents (one on immigration and the other on "reverse racism") were not unprotected incitement arteria umbilical percentil 95 purchase 25mg carvedilol visa, as school officials argued blood pressure young male order carvedilol 6.25 mg fast delivery, but rather protected speech that could not be restrained or punished arrhythmia nclex cheap carvedilol 6.25mg overnight delivery. Besides setting an important precedent for California students, Smith exemplifies federalism at work. While California law has become increasingly protective of student speech rights, the U. Des Moines Independent Community School District, where high school students claimed a First Amendment right to protest the Vietnam War by wearing black armbands on campus. In 1978, the California Legislature added Section 48907 to the Education Code, which protects student speech-including in school-sponsored forums, like school newspapers-against prior restraint or punishment. It states, in relevant part, that public school officials may prohibit only student speech that is "obscene, libelous, or slanderous," or that "so incites students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. Supreme Court had substantially curtailed student speech protections under the First Amendment. While not expressly overruling Tinker, the Court created substantial exceptions to it, giving school officials broad authority to control student speech. Kuhlmeier, the Court said that school officials could prohibit speech in school-sponsored activities, like school newspapers, if such prohibitions are "reasonably related to legitimate pedagogical concerns. The Facts of the Case Between 1998 and 2002, Andrew Smith was enrolled at Novato High School, a public school in the Novato Unified School District in Marin County, California. Following the 9/11 terrorist attacks, while a senior and student in a journalism class, Smith submitted an opinion-editorial on illegal immigration entitled "Immigration" for publication in the school newspaper the Buzz. No one complained about the article that day, but the following day a few parents arrived on campus to complain to the principal. Without reading the piece, the superintendent immediately ordered that all remaining copies of the Buzz be retracted. Accordingly, the principal directed the journalism advisor to collect remaining copies of the paper. At the meeting, which lasted the day, the principal apologized for "misinterpretation and misapplication of " the. He was one of the attorneys who represented the Smiths in this litigation, and argued the case before the California Court of Appeal. This issue included an opinion article representing the beliefs of one student that negatively presented immigrants in general and Hispanics in particular. We are writing to express our deepest regrets for the hurt and anger this article has generated for both students and their parents. Following a bench trial, the trial court entered judgment against the Smiths, who appealed. The District argued that the articles constituted unprotected incitement because they contained offensive fighting words, and because of the disruption on campus in reaction to their publication. The Smiths argued that an objective evaluation of the articles revealed that they contained nothing urging or calling upon any student to break any law or school regulation, or to cause any disruption on campus. The Smiths contended that the unreasonable reaction is irrelevant to the question of whether such speech objectively incites. Ohio,28 which states that "incitement" is speech that "advocate[s] or encourage[s] violent acts" or that is "directed to incit[e] or produc[e] imminent lawless action. Schools may only prohibit speech that incites the district instructed teachers to review its speech policies in class and conducted a second meeting about "Immigration" the following evening. Against this backdrop, Smith was assaulted and attacked on two separate occasions in November. She confirmed that she had retracted the remaining copies of the Buzz containing the article, and students and parents, along with the Smiths, spoke about their reactions to the piece. However, in light of the hostile reaction to "Immigration," the principal and superintendent decided that "Reverse Racism" would be published alongside a counter-viewpoint or not at all. The principal directed the journalism students to vote on whether (1) to delay publication of the February 2002 issue to wait for a counterpoint to "Reverse Racism" to be produced or (2) to publish the February 2002 issue without "Reverse Racism. At issue was the question of whether public high school students had a First Amendment right to wear black armbands while on campus, in protest of the Vietnam War. The court concluded that, even assuming a substantial disruption occurred after "Immigration" was published, the opinion-editorial was still protected speech under Section 48907, because it did not incite disruption.

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