by
YOUT 350-D01
Campus Ministry
Mauricio Guerra
November 6,
2020
Legal Cases Paper:
Legal Cases That Involve Public Schools
Submitted to Dr. Steve Vandegriff,
in partial fulfillment of the requirements for the completion of
1
Introduction
The first case being introduced is: Kitzmiller v. Dover Area School District1
In December 2004 this case was filed in a federal court by a group of parents in the Dover
School District, to challenge the School District’s policy on biology teaching.
Summary
The Dover Area School District mandated that science teachers in their classrooms teach
that “biological evolution is a theory with gaps for which there is no evidence and instead
encouraged the students to study a doctrine called “intelligent design” as an alternative to the
theory of evolution.”2
Intelligent design asserts that evolution is wrong and that life on Earth “owes its origin to
a master intellect- an intelligent, supernatural actor. In other words, intelligent design is
creationism that has been dressed up in pseudo-science”3
On December 20, 2005, a decision was rendered by the judge in the plaintiff's favor. "the court
ruled that intelligent design is not science but an inherently religious view and that the District's
actions were unconstitutional"4
Personal Response
From a Christian view, this is a clear example of one of the many reasons why our School
System is failing our children. That decision removed the student’s opportunity to have an open
mind and decide what belief would be more related to the student’s belief.
Ministry Implications
1 Kitzmiller v. Dover Area School District 2
Ibid.
3 Ibid.
4 Ibid.
2
This case is one that can lead the youth ministry leaders to focus in a well-studied and
firm manner to encourage the youth to understand who God is in the creation process; The
Creator of all things. Without “forcing” the youth to simply “believe” what the Word says, but
lovingly present Scripture and let the Holy Spirit convict the youth to believe that science does
have room to work with Creation according to Scripture.
Conclusion
The School Districts, the community, the courts, and their judges take God out of the
classrooms and when extreme violence happens, an extreme drug used and alcoholism, and kid's
violence, and suicide rates, and teen pregnancy are all going off the statistic's charts; people ask
"why is this happening" On the other hand, this is why the importance of having a safe, godly,
and kind youth ministry ready to fill the great void in our schools around our Nation.
Introduction
The second case will be Bethel School District v. Fraser5 In the mid-eighties, this case
made it to the Supreme Court in Washington. This case was about whether “6Public schools have
the right to discipline a student for giving a speech at a school assembly that is in indecent,
although not obscene.”
Summary
A Washington senior student named Matthew Fraser used sexual double meanings in a
speech to nominate one of his classmates to become the Associated Student Body Vice President.
The school administration found the speech to be vulgar and disruptive and it barred Fraser from
speaking at graduation, even though there was a student write-in vote to have Fraser as one of
5 David L. Hudson Jr. Bethel School District v. Fraser 6
Ibid.
3
three speakers. Fraser was also suspended and there were other penalties associated with him
given that speech.
The court’s finding was that the schools' policy did not infringe on First Amendment
rights. It also found that that a school can "regulate certain types of speech, such as those that are
vulgar, because they could disrupt school discipline.”7
Personal Response
Having the privilege to stand before one's peers to share a message must be taken with
much responsibility and with much concern to ensure that what is going to be share is a message
that will edify the hearers and not be a cause of disruption to the people. The school has the
responsibility to ensure that the student-speaker abide by the rules and regulations
Ministry Implication
The youth leader must ensure that whatever comes out the mouth is to build up,
encourage, and motivate the youth to push forward to a better life. Also, it is very important to
communicate as clearly as possible so that there is no double meaning to our words. Matthew
5:37 All you need to say is simply ‘Yes’ or ‘No’; anything beyond this comes from the evil one.
Conclusion
Just as the world has its rules and regulations, the youth ministry must adhere to God's
rules and regulations. As youth leaders, we must ensure that our youth is being trained in the way
of the Lord. One of the Proverbs gives the youth leader a clear instruction: Start children off on
the way they should go, and even when they are old, they will not turn from it. Proverbs 22:6
(NIV)
Introduction
7 David L. Hudson Jr. Bethel School District v. Fraser https://www.mtsu.edu/first-
amendment/article/675/bethel-school-district-no-403-v-Fraser
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The third case will be Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)8
A case in which the Supreme Court held that schools may restrict what is published in student
newspapers if the papers have been established as public forums.9
Summary
Students journalists sued their school district for what they believe was infringing on
their First Amendment rights. This action was taken after the principal of Hazelwood East High
School removed articles from the student newspaper that dealt with divorces and teen pregnancy.
The students lost in the district court but won their case in the Eight Circuit Court of
Appeals. The district appealed to the Supreme Court and the veridic was overturned in favor of
the district.
Personal Response
Censorship is a necessity to protect the entire population. I believe that everyone should
be heard. However, I do understand that there are situations when "exercising editorial control
over the style and content of the speech in school-sponsored expressive activities"10 must come
into play.
Ministry Implication
The goal of any publications that are being produced in the ministry must be clear and
concise. There must be clear guidelines as to what is permitted and what is not. The student must
be aware that nothing is going to be printed until the ministry leader has given the go-ahead
Conclusion
8 H. L. Hall Related cases in Public Forum, Student’s Rights. https://www.mtsu.edu/first-
amendment/article/657/hazelwood-school-district-v-kuhlmeier
9 Ibid.
10 Ibid.
5
Having a clear guideline as to what is the main message that wants to be shared in any
publication will ensure that the ministry members run all ideas by the ministry leader. This will
ensure that everyone will be on the same page as the message is being written and shared with
the targeted audience.
Bibliography
Bethel School District v. Fraser. No. 84-1667 478 U.S. 675 (1986) https://www.mtsu.edu/first-
amendment/article/675/bethel-school-district-no-403-v-fraser
H. L. Hall Related cases in Public Forum, Student’s Rights. https://www.mtsu.edu/first-
amendment/article/657/hazelwood-school-district-v-Kohlmeier
Kitzmiller v. Dover Area School District, No. 04cv2688 (M.D. Pa. July 27, 2005
https://www.au.org/our-work/legal/lawsuits/kitzmiller-v-dover-area-school-district
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