VW Vs. Boroff

Position Paper:                  Marilyn Manson T-Shirt vs. avant-garde Wert venire of Education I chose to write my position paper on a shift that actually happened at the develop where I t for each one. This reference happened in 1997 and just recently the final appeal was brought to the United States tyrannical judicial system. Even though I knew the outcome, this case is very ambitious to me and I wanted to bulge out all the facts and whims during the course of this class.

This case involves the surcharge policy at Van Wert High nurture. The petitioner, Nicolas Boroff wore a Marilyn Manson t-shirt to rail and was asked to change the shirt, suit it inside out, or go home and change in accordance to the fare policy. The policy states cloths with nauseating illustrations¦are non accept equal. The background of Marilyn Manson is the following. His frame is derived from a celebrity, Marilyn Monroe, and a serial killer, Charles Manson. He has acknowledged macrocosm a member of the Church of Satan and a do drugs user. The bands lyrics describe death, suicide, torture, racial epithets, and obscenities among former(a) things. This would definitely be an unrepresentative rock band. Boroff did non change the shirt or turn it inside out. He went home that day and did not return, which would be unexcused and considered truant. On the following 8 days of school, Boroff try to wear a different Manson shirt to school and each time was asked to do the same thing as antecedently stated. He refused and did not come back to school. After a meeting with school officials the mother of the boy decided to register grievance against the Van Wert City Board of Education apothegm that her sons initiatory Amendment rights had been violate.

The information provided is what happened to name to the heart of this issue. Were Boroffs 1st amendment rights violated? That question is what must first be looked at to get a reasonable answer to this case. work vs. Des Moines self-governing School District was ruled on by the dictatorial Court and stated this: Students rights to express their imprints on school yard were protected by the 1st amendment only when scholarly persons expressed those opinion without materially and substantially interfering with the right of others. The Supreme Court also stated in that case that the court gives large deference to the judgment of citizens of the community, through their elected representatives on the school board and the school administrators appointed by them. This implies that the commandment of this Nations callowness is the responsibility of parents, teachers, and state and local officials, not of federal judges. On Wednesday, July 25 a federal judge refused to overturn a school systems ban on t-shirts bearing the Confederate Flag. In a very similar response to this particular case, he stated that the flags could be offensive to others and caused a disruption to the pedagogicsal process. The plaintiff, Boroff, used the same case, Tinker vs. Des Moines Independent School District to solidify his point. The case involved wearing grisly armbands to school to protest the Vietnam War. This could be construed as being offensive to some people because they believed in the War or had relatives who fought in Vietnam. Furthermore, the decision to not allow Boroff to wear the shirt was a restriction of his speech and discriminatory on the basis of viewpoint. Boroffs passion is a spontaneous desire for self-expression, which cannot in any room be characterized as school curriculum. The irreparable harm is that Boroff is not allowed to attend school until such time that he violates his 1st amendments rights.

My opinion is very clear in this case of Boroff vs. Van Wert City Schools. Mr. Boroff has every right to his 1st amendment rights and that of due process, simply in this case it is very clear to me the result of this lawsuit. Tinker vs. Des Moines Independent School District is a blameless example to understanding the entire scope of the law and how it should be applied. The armband did not have any effect on the operative day of the school. It did not interrupt the educational process. Boroffs t-shirt had offensive, rude and values that were not conducive to the schools educational mission.



Furthermore, this case does not present an otherwise compelling federal question. This case does not involve political speech or any other particular type of viewpoint; in fact, Boroff never good deal what messages he intended to convey by wearing the shirts. The bank line Boroff presents on viewpoint discrimination is also not supported. The schools obstruction did not result from nor target one Manson t-shirt portraiture Jesus Christ, but rather from Mansons group promotion of luxuriant and demoralizing values which are inconsistent with and counterproductive to the education process. The school is absolutely correct in not allowing the Manson shirts to be worn during the school day and is not manifestly unreasonable.

My opinion is very clear and in support of the school. The task at hand now is to make a board of education policy that coincides with the existing code of conduct in the student handbook. The student handbook read this among other things in 1997-1998. The guidelines set forth in this dress code have been launch by a dress code committee and sanctioned by the Board of Education. It is felt that robes with offensive illustrations, drug, alcoholic beverage¦ The change I would make is fairly simple and adopt after winning the lawsuit of Boroff vs. Van Wert City Board of Education.

MODEL POLICY The guidelines set forth in this dress code have been approved by the Board of Education. Articles of clothing that becomes disruptive and distracting to the educational process will not be tolerated. It is felt that clothing with offensive illustrations, drug, alcohol¦ I learned a lot from researching this topic and also from the pertinent schoolroom discussions about law. This is a case that is a victory for the school system and teachers throughout the United States. Schools must be able to set guidelines, rules, and regulations to effectively teach the future of America.

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