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We the Students

We the Students
Supreme Court Cases for and about Students

Fourth Edition

Gain a deeper appreciation of democratic freedoms and challenges!

Other Titles in:
Law & Courts

July 2014 | 400 pages | CQ Press

We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school.  Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life.

Chapter 1: “We The People”: Our Constitution And Courts
Why a Constitution?  
The American Constitution: What Is It?  
The Constitution: Whose Is It?  
The Constitution: What Does It Mean?  
Federalism: How the States Share the Power  
The Incorporation of the Bill of Rights  
The State Action Requirement  
Judicial Architecture: How Our Court System Works  
Majority and Dissenting Opinions  
How to Brief a Case  
Chapter 2: Student Voices And Supreme Court Choices: The First Amendment And Speech At School
Expressive Conduct and the Right Not to Speak  
West Virginia State Board of Education v. Barnette  
The Right to Speak Freely and Protest (but Not to Disrupt)  
Tinker v. Des Moines Independent Community School District  
The Confederate Flag and Other Racially Provocative Symbols  
Hirsute Lawsuit: Do Boys Have the Right to Wear Long Hair?  
Karr v. Schmidt  
Double Entendres and Double Standards: Lewd and Suggestive Language in a Student Government Campaign Speech  
“BONG HiTS 4 JESUS”: Testing the Limits of Free Speech  
Morse v. Frederick  
Hateful Protest by Religious Fanatics on Public Property: Snyder v. Phelps, the Protection of Obnoxious Speech, and Student Mobilization against the Westboro Baptist Church  
Thought Control or Quality Control? The Problem of Library Book Removal  
Viewpoint Neutrality and Religious Speech: Good News for the Free Speech Rights of Religious Americans  
Good News Club v. Milford Central School  
Chapter 3: Freedom Of The Student Press: All The News (The School Sees) Fit To Print
Freedom of the Student Press in Official School-Sponsored Activities  
Hazelwood School District v. Kuhlmeier  
Squelching Debate: A Different Sort of Blair Witch-Hunt  
Cyber Censors: Rising Conflicts over Internet Homepages  
Killion v. Franklin Regional School District  
Insults and Ridicule versus Threats and Harassment: When Does Off-Campus On-Line Speech Actually Become On-Campus Disruption?  
Chapter 4: The Wall Of Separation Between Church And School
Freedom from Establishment of Religion at School  
Engel v. Vitale  
Graduating from Invocation and Benediction  
Lee v. Weisman  
Santa Fe Independent School District v. Doe  
Government Aid to Private Religious Schools: When Does It Cross the Line?  
Everson v. Board of Education of the Township of Ewing  
School Vouchers: Making Education Redeemable in Secular or Religious Schools  
Zelman v. Simmons-Harris  
The First Amendment and the Ten Commandments  
Stone v. Graham  
Season’s Greetings! The Court’s Agonizing Ambivalence over Christmas Nativity Displays  
One Nation, under Canada, with Constitutional Controversy for All: New Conflict over the Pledge of Allegiance  
Newdow v. U.S. Congress  
The Supreme Court’s Curious Response to Newdow v. U.S. Congress  
The Free Exercise Rights of Religious Americans  
Wisconsin v. Yoder  
The Theory of Evolution and the Story of Creation: An Ongoing Duel in the Classroom  
Chapter 5: The Fourth Amendment: Searching The Student Body
Reduced Privacy Rights at School  
New Jersey v. T. L. O.  
A Fluid Analysis of the Fourth Amendment: Drug Tests and Extracurricular Activities  
oard of Education of Independent School District No. 92 of Pottawatomie County v. Earls  
“Embarrassing, frightening, and humiliating”: Strip Searches and Naked Violations of the Fourth Amendment  
Safford Unified School District #1 v. Redding  
Metal Detectors and the Constitution  
In Re Latasha W.  
Chapter 6: The Constitution And Student Discipline: “Due Process” And “Cruel And ­Unusual Punishment” At School
Due Process  
Goss v. Lopez  
The Crime of Hanging Out with Gang Members: “Loitering with No Apparent Purpose” in Chicago and the Due Process Clause  
City of Chicago v. Morales  
Corporal Punishment  
Ingraham v. Wright  
Corporal Punishment in the Aftermath of Ingraham v. Wright  
Chapter 7: Equal Protection Against Race Discrimination: From Jim Crow Segregation To ­Multicultural Democracy
The Persistent Legacy of Slavery and Racism  
Brown v. Board of Education of Topeka  
Two Steps Forward, One Step Back: “Massive Resistance” and the Reaction to Brown  
Cooper v. Aaron  
Griffin v. County School Board of Prince Edward County  
The Right to Love  
Can Public Schools Deliberately Integrate Students Today?  
Parents Involved in Community Schools v. Seattle School Dist. No. 1  
Race and Ethnicity in College and Graduate School Admissions: Affirmative Action or “Reverse Discrimination”?  
Jennifer Gratz and Patrick Hamacher, Petitioners v. Lee Bollinger et al.  
Barbara Grutter, Petitioner v. Lee Bollinger et al.  
Chapter 8: The Other Lines We Draw At School: Wealth, Gender, Citizenship, And Sexual Orientation
Rich Schools, Poor Schools: The Court’s Treatment of “Separate but Equal” School Financing  
“Suspect” Classes and Gender-Based Segregation  
Boys and Girls Equal: Title IX  
Roderick Jackson, Petitioner v. Birmingham Board of Education  
Separating Citizens from Noncitizens under the Law  
Plyler v. Doe  
Discrimination against Gays and Lesbians  
Boy Scouts of America v. Dale  
United States, Petitioner v. Edith Schlain Windsor  
Chapter 9: Harassment In The Hall, Blood On The Board: Sexual Harassment, Bullying, And Gun Violence At School
When Teachers Harass Students  
Gebser v. Lago Vista Independent School District  
When Students Harass Students  
Davis v. Monroe County Board of Education  
The Rights of Gay and Lesbian Students against Harassment  
Blood on the Board: Mass Shootings at School  
District of Columbia v. Heller  
Expansion of the Reach of the Second Amendment  
Chapter 10: A Healthy Student Body: Disability, Privacy, Pregnancy, And Sexuality
The Rights of the “Differently Abled” under the Individuals with Disabilities Education Act  
Cedar Rapids Community School District v. Garret F.  
Peer Grading and the Right to Privacy  
Owasso Independent School Dist. No. I-011 v. Falvo  
Three Trimesters: Pregnant at School  
Pfeiffer v. Marion Center Area School District  
Curtis v. School Committee of Falmouth  
Abortion and the Privacy Rights of Teenagers  
Planned Parenthood of Southeastern Pennsylvania v. Casey  

We the Students is a dynamic, riveting, but fundamental dimension of our constitutional democracy. We the Students transforms students into Justices and advocates arguing and resolving matters of grave importance to daily life."

Kenneth W. Starr
Former Judge, United States Court of Appeals for the District of Columbia Circuit

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Jamin Ben Raskin

Jamin B. Raskin is professor of constitutional law and the First Amendment at American University Washington College of Law and founder of its Marshall-Brennan Fellows Program, which places law students in public high schools to teach the We the Students constitutional literacy course. A former assistant attorney general for the Commonwealth of Massachusetts, Raskin is an active public interest lawyer, defending the rights of political expression and participation for both adults and young people. He is also the author of Overruling Democracy (2003) and dozens of law review articles, op-eds, and essays on constitutional law. More About Author

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