Evaluate her claim under the student free speech legal

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Reference no: EM133318556

analyze the fact pattern below and draw a conclusion if the legal standard for free speech in schools is satisfied. This is the standard in the Tinker decision that seeks to balance free speech under the First Amendment with the school's interest in discipline and education. The fact pattern is:

Martha Jones, a senior at Michael Jordan College Prep (MJCP), was known as an activist on campus. She was also a stellar student and MJCP gave her the honor to speak at graduation. Alice, her twin sister, was also a student at MJCP. Alice struggled academically and socially at MJCP. She had a "C -" GPA didn't really have close friends.

Alice and Martha were very close, however, and it upset Martha to see her sister face such challenges. Both sisters concluded that MJCP leadership were largely responsible for Alice's poor experience at MJCP. To the sisters, MJCP focused resources and attention almost exclusively on students going to college. Other students were "tracked" and not given attention. In addition, it was felt that leadership was indifferent to Alice's social isolation. There was never an effort to encourage her to participate in school-based activities or social events.

Martha decided to use the graduation platform to sharply criticize MJCP. Martha drafted a graduation speech that was approved by MJCP leadership. Secretly, however, she drafted another speech. A week before she was to deliver the approved speech, she posted the secret speech on Facebook, Instagram, and Tik Tok.

The speech lambasted MJCP leadership for its perceived cruelty and insensitivity towards Alice. Several choice 4-letter words were used to describe particular administrators. She concluded by declaring that, "These losers deserve to rot in hell for how Alice was treated. Rise-up, good people, and boycott this pathetic excuse for a high school. Cheers, Martha Jones."'

MJCP found out about the secret speech and immediately stripped her of graduation honors, and suspended her for insulting and allegedly threatening School leadership. Martha and her family decided to sue MJCP, alleging a violation of her First Amendment speech rights.

Evaluate her claim under the student free speech legal standard we discussed class. Be sure to cite specific facts to support your argument.

Reference no: EM133318556

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