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Cuyamaca College Mahanoy Area School District v B L A Minor Case Study

I’m stuck on a Business question and need an explanation.

Here’s a link to a recent U.S. Supreme Court decision in MAHANOY AREA SCHOOL DISTRICT v. B. L., A MINOR, BY AND THROUGH HER FATHER, LEVY, ET AL: (Links to an external site.)

Read the opinion and then answer the questions below.

1) Which justice wrote the opinion of the Court? Who joined him/her?


2)What is the meaning of “certiorari”?

3) Which states make up the “Third” circuit”?

4) Using your own words and in four or fewer sentences, give a summary of the underlying facts of this case. Include a description of the plaintiff, the defendant and the legal issue before the court.

5) On page 3 of the majority decision the court cites Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503 (1969). In your own words and in four or fewer sentences, give a brief summary of the facts in this case. Include who won.

6) Explain why you believe that the court majority referenced the Tinker case.

For this question focus on page 7 of the majority opinion. The majority includes three circumstances that suggest the school district should not be able to regulate student speech .

7.List the three reasons.

8. Do you agree with the reasoning? Explain.

9) The majority writes the following on page 8: “And while B. L. used vulgarity, her speech was not obscene as this Court has understood that term.” In your own words, explain what the court means here.

10) Was there a dissenting opinion in this case? If so, who wrote it?

11) What is a concurring opinion? Was there one here?

12) In your own words, summarize the position taken by the dissenting justice.

13)Do you agree with the majority opinion or the dissenting opinion? Explain.


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