Nobody downloaded yet

J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant - Essay Example

Comments (0) Cite this document
Summary
Despite the requests Marcavage refused to relocate and continued his demonstrations. Saperstein approached him again with Ian Crane on the telephone line who was the chief ranger of the Park and who had dealt with Marcavage before too…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant
Read TextPreview

Extract of sample "J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant"

Download file to see previous pages Michael Anthony Marcavage. The case was first filed in 2007 then the final decision took place in June 2010 in The Third Circuit. Michael Anthony filed an appeal against the Independence National Historical Park in Philadelphia. In the first case two students from Blue Mountain School District were suspended. They had created a fake profile of their principal on MySpace. The eighth standard students did not mention the principal, James McGonigle’s name on the profile but they included his picture which they took from the website of the school district. They also identified this profile of a person who is a ‘principal’. The profile also contained many negative comments about McGonigle and his family along with characterizing the principal as a sex-obsesses paedophile. The school had thus determined that the students had violated the discipline of the school by creating a fake profile. The school discipline prohibited any student of making negative accusations of any staff members of the school. Thus, the students were suspended from school for ten days. J.S. was one of those students who sued McMonigle the school district and his superintendent in account of violating her rights from the First Amendment. She argued that she could not be punished for her out-of-school conduct or speech which did not cause any disruption for the classes or administration. It was ruled that any out-of-school speech which affects the school campus could be punishable, even if the effect does not cause substantial disruption as decided in Tinker’s case in 1969. However, J.S. then appealed to the United States Court of Appeals for the Third Circuit. The Third Circuit held that in the Tinker case it was applied that a student’s speech, whether out-of-school campus or in school campus, that causes harm or threatens the school or any member of the school district is punishable. J.S. was granted an en branc rehearing for her appeal. The en branc reversed the decision of the District Court and held that there was an exception to Tinker’s case that the school district could not punish students for their 0ff campus speeches that have not affected the educational mission of school. Thus it was concluded that the school district held no authority to punish the students for their off campus behaviour or speech. In the second case, Marcavage had started an anti-abortionist demonstration with about twenty other people along the sidewalk of the Independence National Historical Park. He had not applied for any permission for the demonstration. The place where he demonstrated was the only entrance and exit access to the Liberty Bell Centre. They positioned themselves outside the entrance hindering the entrance and exit to the Liberty Bell Centre. Alan Saperstein was the ranger of the Park and he approached Marcavage asking him to relocate from the entrance and exit access to the area near the Visitor Centre on Market Street. He also asked Marcavage to stop using his bullhorn. Despite the requests Marcavage refused to relocate and continued his demonstrations. Saperstein approached him again with Ian Crane on the telephone line who was the chief ranger of the Park and who had dealt with Marcavage before too. Marcavage was ordered to obey Saperstein and relocate but he refused. Saperstein came several times and received negative responses from Marcavage who continued his demonstrations so finally Saperstein came with some other rangers and physically restrained Marcavage by holding his hands at his back and marching him off the sidewalk. Marcavage was accused of violating the permit terms and interfering with the agency functions. He ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“J.S. v. Blue Mountain School District and US v. Michael Anthony Essay”, n.d.)
J.S. v. Blue Mountain School District and US v. Michael Anthony Essay. Retrieved from https://studentshare.org/journalism-communication/1485435-2011-us-app-lexis-11947
(J.S. V. Blue Mountain School District and US V. Michael Anthony Essay)
J.S. V. Blue Mountain School District and US V. Michael Anthony Essay. https://studentshare.org/journalism-communication/1485435-2011-us-app-lexis-11947.
“J.S. V. Blue Mountain School District and US V. Michael Anthony Essay”, n.d. https://studentshare.org/journalism-communication/1485435-2011-us-app-lexis-11947.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant

CLS v. Martinez, 561 U. S

...) and Hsu v. Roslyn Union Free School District, 85 F.3d 839 (2d Cir. 1996). The case did not go in their favor and thus they appealed to the Supreme Court to ask for a reversal of the Ninth Circuit’s decision. The ruling of the case was very debatable but in the end the Supreme Court rejected the CLS’s challenge to First Amendment in favor of Hastings College of Law at University of California to deny CLS the status of a registered student organization. Justice Ginsburg explained that Hastings would have to review each of the registered students’ organization to determine any exclusionary rules that might have been cloaked from them. Two examples of the cases were given namely Healy...
3 Pages(750 words)Coursework

Blue Mountain - Kandinsky

...38 inches, but contains three horse rides on a background of trees and a blue mountain. Instead of using actual texture Kandinskii uses color to create the impression of the presence of texture. The picture was created in the era of Abstractionism. Romanticism, Impressionism and Expressionism of the 19th century Europe and America contributed to the popularity of Abstractionism. It was also greatly impacted by the mysticism and mystical teachings that became extremely popular at that time in the world and did have some influence on Kandinskii too. That is why Kandinskii, just like many other artists of that time, turns to the religious theme in his works....
2 Pages(500 words)Research Paper

Online v/s Traditional Education

...Developments in high-speed internet and computer technology contain boundless promise for changing human life. This promise includes fundamental changes to the way we educate our children, our young adults, and even working people looking to gain new skills. Advertisements for the Apple iPad show individuals tracing star constellations on their touch screen, learning about the cosmos, while advertisements for Cisco technologies depict an elementary school classroom in America “visiting” a Chinese elementary school classroom using high-speed broadband communication. These enhancements to education are clear benefits to their recipients, and the adoption of technology in the classroom (or...
5 Pages(1250 words)Essay

Sociology-Enlightenment Age v/s Classical Age

...? Sociology-Enlightenment Age v/s ical Age Sociology-Enlightenment Age v/s ical Age Enlightenment age is formally associated with 18th century period. This enlightenment age swept the entire continent of Europe. The atmosphere of this time was the need to reshape the philosophical, political movement and cultural perspectives to include the rule of reason, in these aspects of life (Schmidt, 1996). The era of going through the dead weight of tradition, blind faith and superstition, religious norms, utilitarian rule in administration and government, use of brute force, stubborn politics initiated the need to act through reasoning. However, there existed a...
11 Pages(2750 words)Essay

The US. V. Mexican War

...just what Grant addresses. Uncover whether or not, through the eyes of various sources, try and uncover whether or not the US v. Mexican, or also known as the Mexican-American, War was one which was just in occurring, or should not have occurred in the first place. In addressing this conflict, it is crucial to understand its roots. It would be during this war that Mexico would loose control over what we know as present day California, all the way to Texas. According to "The Us-Mexican War" website, the war would last between the two nations from 1846 until 1848. It is in this website which readers can view different details about various war participants, and hopefully be able to...
3 Pages(750 words)Essay

Fare .v. Michael. C

... matters (U.S. Supreme Court, 1966). Adequate information, will aid both parties to be seeking assistance from the right people, hence end further conflicting of powers. References Blackmun, J. (1979). FARE v. MICHAEL C., 442 U.S. 707 (1979). Retrieved on 30Th September 2012 from v- MichaelC.pdf> Scherr, K. C., & Madon, S. (2012). You have the right to understand: The deleterious effect of stress on suspects ability to comprehend Miranda. Law And Human Behavior, 36(4), 275-282. doi:10.1037/h0093972 U.S. Supreme Court. (1966). MIRANDA v. ARIZONA, 384 U.S. 436 (1966). Retrieved on 30Th September 2012 from < http://caselaw.lp.findlaw.com/cgi- bin/getcase.pl?navby=case&court=us&vol=384&invol=436>... Fare .v. Michael. C....
2 Pages(500 words)Case Study

US v Patel

...US vs. Patel The decision made by the judge to punish Dr, Panel was justified by the fact that he conducted his dutiesin a way meant to harm the patients. He did obtain the permission from the client to conduct such medical procedures. Apart from that, the court concluded that this medical practitioner had not only committed medical fraud on one patient but several others. For this reason, there was need to administer punishment for the purpose of preventing any of those crimes in future. However, the judgement passed by the court on the defendant was not fair. This is because apart from being required to compensate the plaintiffs, he was also sentenced to about ten years. One of the main purposes of judicial system is...
1 Pages(250 words)Essay

Tinker v. Des Moines school District

... when Due: Tinker v. Des Moines school District The Collision with the rights of others is witnessed in the Tinker v. Des Moines school District case where a number of students in the Des Moines decided to wear armbands to support for truce in the Vietnam War. The students decided to wear the armbands during the holiday season .This was agreed upon when the students had a meeting at the home of Christopher Eckhardt. Unfortunately, this decision came to the attention of the management of the Des Moines school where the management decided to suspend any student who wears the armband and refuses to remove it in the school premises. The two students were suspended for the act. This indicated that the school management and the students... ’...
1 Pages(250 words)PowerPoint Presentation

STATE of Nebraska, Appellee, v. Jerry Watson, Appellant

...of the courts trial. When Watson claimed that the evidence that was used to convict him were insufficient, the decision in State v Howell (Nebraska 2012), helped to unfold the misery. Whether the evidence is circumstantial, director both or the combination of the two, the standard is the same. An appellate court never reweighs the evidence or pass on the credibility of the witness, matters as such are facts finders duty. The court of appeal has an obligation to give any rational resolve conflict in the evidence. The duty of the appellant court is to give any rational trier of fact that found the crimes elements beyond a reasonable doubt, after viewing the evidence in a...
5 Pages(1250 words)Research Paper

United States of America, Appellee v. Russell Hoffmann, Appellant

... United s of America, Appellee, v. Russell Hoffman, Appellant.Feb 25, 2009, Filed. Case Brief Facts: Hoffman awarded a gift to Schwening as a gratuity to facilitate “the 1996 contract,” as referred to in the case. Russell D. Hoffman was a project manager at Surdex Corporation. In May 1996, the USA army corps of engineers awarded him a contract that was under the supervision of W.Schwening. Regulation, of FAR, requires that the contracting agent has to prepare a performance evaluation report, within 60 days. After completion of the contract, engineers or any other personnel develop ACCA ratings in acceptance of the contractor’s work. The state accused Hoffman of using gratuity to entice Schwening to facilitate “the 1996 contract... .” The was...
1 Pages(250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant for FREE!

Contact Us