Lee vs. Metro City Public Schools

One Page Summary(Modified)

Jesse Lee and his/her friend Tyler attended a commemorationceremony of Jesse’s brother Sonny on November 14, 2014 during the halftime of a Jefferson High School (JHS) football game. The field is across the street from JHSat JFK Park, a Metro City park. Both were approached by Principal Kris Skinner and two police officers and asked to remove rosaries. Principal Skinner contended that the rosaries were gang paraphernalia, which was prohibited by school policy. Jesse complied, but Tyler did not. Tyler was arrested by a Metro City police officer for trespass. During the arrest, Tyler sustained an injury to his head and later died.A photo of Tyler with a bloody head went viral. Protests began popping up in Metro City and some of the protests turned violent.

After Tyler’s death, Jesse planned a commemoration/protest at JFK Park for December 5th, 2014. Jesse advertised the event at JHS and asserted that it would be peaceful. Principal Skinner invited Jesse, civic and religious leaders, parents and a group of Metro City police officers to discuss the upcoming event. At the meeting, Jesse agreed not to wear the rosary. Before the protest, Jesse posted a video on Instagram and YouTube advertising the protest at JFK.

On the day of the event 50 police officers were present at the football field and approximately 500 people turned out, including JHS students and members of the community. Religious and civic leaders were also present to speak. Jesse opened the event with a speech during which s/he held up a rosary. Principal Skinner attempted to take away the rosary. When Jesse refused, s/he had Jesse removed from the stage. During this event, the mood of the crowd changed and the scene erupted into chaos. Students began sitting with linked arms, trash and debris were thrown at police officers, and protesters were fighting with one another. Several arrests were made and students injured. Lee was among those arrested, and s/he was later expelled for violating JHS school policies.

Lee is now suing Metro City Public Schools under a statute permitting individuals to bring law suits for violations of that individual’s constitutional rights of Free Speech, Freedom of Religion and Right to Assemble.[1]

Two People Will Testify At Trial:

  1. Plaintiff side: Jesse Lee, Plaintiff and Jefferson High Student
  1. Defense side: Kris Skinner, Jefferson High School Principal

Key Questions The Parties Will Likely Address:

  • Did Jesse violate theJHS Student Discipline Code by holding up the rosary?
  • Does Jesse’s video and speech incite a riot which merits expulsion in JHS Student Discipline Code?
  • Do Jesse’s actions, video, and speech constitute a threat that merits expulsion under the JHS Discipline code?
  • Is Jesse’s action of holding up the rosary protected by the First Amendment Freedom of Speech or Religion?
  • Is the speech and video protected by the First Amendment Freedom of Speech?
  • Is JHS permitted to discipline Jesse for conduct that occurred JFK Park?

[1]Both parties stipulate that any rosaries mentioned in this case are symbolic speech.Both parties stipulate that Jesse does not challenge the notice or hearing that he received with regards to his suspension or expulsion.All characters, events, laws, cases, and documents in the packet are fictional, but in many cases are based on actual events and materials.