In 1995–96 the New Jersey State Bar Foundation launched a unique, law-related education program for middle school students — the Law Adventure Competition.

Students in grades seven and eight and their teachers are invited to create original mock trial cases. Each year the Foundation provides two themes for cases. The cases are judged on the basis of originality and educational value in teaching students about their legal rights and responsibilities. Winners are selected in each grade level. The trials are then conducted before student audiences at special Law Adventure programs in the spring. The seventh- and eighth-grade audiences serve as juries.

Following are the winning cases from the Law Adventure 2002 Competition. Themes for last year’s contest were as follows: (1) First Amendment rights and (2) Violence or threats of violence at school, home or in the community.

The cases may be used as a guide to prepare a submission to the Law Adventure 2003 Competition or as a classroom exercise on the law. Please note that some of the cases may contain "laws" created by the students for the purpose of this competition, which may not necessarily be actual laws. The cases are fictitious.

This project is made possible by funding from the IOLTA Fund of the Bar of New Jersey.

Law Adventure won the Award of Excellence in the 2002 Associations Advance America Awards program, a national competition sponsored by the American Society of Association Executives in Washington, D.C. This prestigious award recognizes innovative projects that advance American society in education, skills training, community service and citizenship.

©2002 New Jersey State Bar Foundation. All rights reserved.

The Case of No harm "In Morning"

FACTS

Six weeks after the September 11 tragedies, six seventh-grade students in Mt. View Public Middle School created a group called "In Morning." These six students used their cafeteria lunchtime to assemble together. The students conducted the sessions by mumbling and lowering their heads. Their body language indicated that they were meditating.

Mrs. Aggie Tated, the lunch aide, observed the peculiar behavior by the group and asked them some basic questions. She was curious to determine the reasons for their behavior and what they intended to achieve by conducting their sessions. Ivana Morn, the head of the group, told Mrs. Tated that the group intended to bring peace and comfort silently to their minds following the September 11 tragedies.

Other seventh-graders in the lunchroom curiously stared and made crude remarks about the group’s behavior. Some students shot spitballs, some yelled insults, and others made immature gestures mocking them. In an effort to stop the taunting that could lead to further distress, Mrs. Tated demanded that the group stop their sessions.

In Morning chose to ignore Mrs. Tated’s demand to stop and continued to conduct their ceremonious acts. Additionally, they recruited 11 more students, making a total of 17, and they began wearing black T-shirts. Mrs. Tated became concerned that the group’s actions were signs of antisocial isolation that might make them targets of violence. She referred them to the guidance counselor, Mr. Guy Dense. As a form of retaliation, the group posted signs on student bulletin boards stating "No Harm In Morning."

Concerned for the safety of the school, Mrs. Tated sent the 17 students to Mr. Dense. Mr. Dense interviewed the students and concluded that they were at risk students. After further evaluation of the 17 students, the school suspended six of them. These students were not permitted to return to school until the sessions ceased and they discontinued wearing their black T-shirts. Additionally, these six students were not permitted to return to school until they began therapy with a professional therapist.

Will B. Sooin’s father, I.M. Sooin, is suing Mt.View Public Middle School for violating his son’s First Amendment rights. Subsequent lawsuits have been filed by the remaining five students’ parents.

ISSUE

Was forbidding the In Morning group from holding lunch sessions and not allowing them to wear unified clothing a violation of their First Amendment rights?

WITNESSES

Aggie Tated

Guy Dense

WITNESS STATEMENTS

My name is Isadore Sooin and I am the father of Will B. Sooin, a seventh-grader at Mt. View Middle School. My son was going through a tough time following the September 11 tragedies as we lost a dear family friend that day. Will asked if he could join a group at school called "In Morning." I asked him what the motive of this club was and he said it was for finding peace and comfort silently during lunchtime. I felt that this could help him with the sadness he was experiencing. A few days later, I noticed that my son was happier and more serene. The sharing of feelings with his friends was beneficial to his own mental health.

On October 26, I received a notice that said my son should report to the guidance office because of erratic behaviors displayed in school. I was contacted by the school counselor that evening and told that my son was being suspended for participating in a socially deviant cult and that he was a threat to the school population. I was furious. When Mr. Dense, the guidance counselor, told me the allegations, immediately I knew this was far-fetched and that the school was making a big deal out of this.

There’s nothing wrong with my kid; he doesn’t need therapy. Nowhere in the school handbook does it say anything about not being allowed to socialize with friends. I am filing charges against the Mt. View Middle School for violating my child’s First Amendment rights to freedom of speech.

My name is Aggie Tated. I am a lunch aide at Mt. View Public Middle School, where I have worked for five years. I was the lunch supervisor there on October 17, 2001, when a group of students, calling themselves "In Morning," began to cause a disturbance in our normally peaceful lunch routine. The children wore black T- shirts and used their lunch period to assemble and hold sessions of meditation. They bowed their heads and mumbled what others believed to be prayers. It looked like praying to me.

I asked some harmless questions to find out why they were doing this. Ivana Morn, who was the obvious leader of this newly formed group, sneered at me, saying that they were doing their own thing their own way. She told me to mind my own business. I was unsettled by her dismissive tone and behavior toward me. I felt that there was some ulterior motive to this group’s purpose. I knew these kids for several years and realized they were typically social outcasts among their peers.

Other children became disturbed by the In Morning actions; there was teasing and unkind comments were exchanged. I did all I could to stop this as any good lunch aide would. They appeared to be forming an antisocial cult, which provoked negative attention from their fellow students. Immediately I thought of the incident that occurred at Columbine with the Trench Coat Mafia group that wore clothing that ostracized them from the regular school population.

For fear that something like this might happen, I sent this In Morning group to the guidance counselor, Mr. Guy Dense. He decided it would be best if they were suspended in order to discourage violent behavior and ideas. Immediately following the disciplinary action taken, I found a note on my desk warning "ULTIMATE BETRAYERS WILL PAY!" It was quite obvious in my mind that In Morning was responsible for this unnecessary threat of violence. If another situation like the unfortunate Columbine incident occurred, I would blame myself for not taking action early enough. This was in the best interest of the school.

My name is Guy Dense and I’m the guidance counselor at Mt. View Middle School. I have worked there for nine years, and this is the first time I have seen such disturbed children in the school. Due to their need to grieve and mourn in school, it was apparent that they formed this In Morning group.

On October 26, 2001, Ms. Aggie Tated brought to my attention that there were 17 students in dire need of my assistance. During the course of the day, I met with each student separately as well as an entire group. The kids were using school time to channel and cope with their grief while expressing social deviance through unified clothing. They were really upset and in apparent need of grief counseling. I understood why Mrs. Tated was concerned for their well-being, as well as the safety of the whole student body. They certainly were displaying deviant and erratic behavior. Some of the kids were in actual grief and fearful of the future of America, some were just following along to be accepted within the group, and some of the kids actually thought they were going to recruit the remaining students in the school and force them to show unity and support of their country. There were discussions of retaliation against students who resisted joining the group.

After interviewing them for a period of time, I recommended to six of their parents that their child attend private counseling. The remaining kids were not a serious threat so they did not undergo this disciplinary action. They were told to stop participating in this group. My recommendations were completely supported by the principal and superintendent. The six students’ parents resisted the school’s action. However, due to school policy, if the administration deems students at risk, they may not return to school until they have begun therapy by a private specialist. The parents were told that their kids could return to school under the conditions that they do not wear distinct unified clothing and do not assemble during lunch for any reason other than normal socialization. I feel that what we did was appropriate to protect the group from becoming a larger threat or disturbance to the school as a whole.

INSTRUCTIONS

The plaintiff must prove by a preponderance of evidence that the Mt. View Middle School disciplinary action taken against students from the In Morning group, requiring them to dismantle the group and stop wearing unified clothing, was a violation of the student’s First Amendment rights.

SUB-ISSUES

1. Did Mrs. Tated send the In Morning group to guidance to avoid a disruption that would prevent other children from focusing on their schoolwork?

2. Was Mrs. Tated targeting the group because they were acting without authorization?

3. Was the In Morning group’s actions a form of protected speech?

4. Did the school properly balance the children’s constitutional rights against the school’s legitimate need to maintain an environment conducive to learning?

5. Did the school use adequate procedures to achieve this?

6. Should students be punished for showing unity by wearing black clothing, which could be interpreted as symbolic speech?

CONCEPTS

1. Burden of proof; preponderance of evidence.

2. Reasonable precautions taken by school district.

3. First Amendment right of freedom of speech.

LAWS

1. The First Amendment of the U.S. Constitution guarantees the right to freedom of speech.

2. Symbolic speech is a type of communication protected under the First Amendment.

3. School policy mandates that any student deemed psychologically at risk is required to enroll in a psychotherapy program by a licensed psychologist before being allowed to return to school.

4. The school dress code states that students are expected to dress appropriately; however, the responsibility for the appearance of students rests with the parents and the students. Parents have the right to determine such students’ dress providing that such attire is not destructive to school property, complies with the health code, and does not create a safety hazard or distraction for their child or others.

5. The public schools in the state of New Jersey are charged with creating a safe, non-hostile environment for students and employees. Any behavior which violates this regulation is punishable by school officials and may have legal implications for students and parents.

6. Zero tolerance policy.

Kermaynish and Sanchez v. State University

FACTS

Rubin Sanchez earned an art scholarship to State University, and he frequently contributed editorial cartoons to the university student newspaper. On September 11, 2001, Rubin lost a very close uncle when the World Trade Center was attacked. As a means of working through his grief, he drew an editorial cartoon. This cartoon showed three men with turbans, long beards, and curved daggers standing in flames. The caption read, "This doesn’t look like paradise to me." Rubin submitted the cartoon to the university paper.

Editor-in-chief Jacqueline Kermaynish, a journalism major on scholarship support, approved the cartoon and it was published in the paper the next day. Student editors run the university newspaper which features students’ articles, editorials, and artwork. The newspaper is funded by advertising revenue and by a subsidy from the student activity fund. Journalism credit is offered to editors who choose to write a paper that is graded by the faculty advisor. The university has allowed students broad freedom regarding control of content. A faculty advisor usually reviews controversial material. However, the determination of the term "controversial" is left up to the student editorial board. Students who are editors have taken an introductory journalism class that includes a review of First Amendment decisions regarding freedom of the press.

Jeanie Rahebi, president of the Islamic Student Center, saw the cartoon and was very offended. She immediately took action and organized a demonstration outside the newspaper office. She also approached the dean of students, Samuel Hertz, protesting the cartoon as a mockery of Islamic beliefs. She reported that students were directing ethnic and religious slurs toward Islamic students and that one Palestinian student had been attacked after the demonstration.

Dean Hertz reviewed the cartoon in light of the university policy on religious discrimination and harassment. He interviewed Jacqueline Kermaynish and Rubin Sanchez. Dean Hertz found that the cartoon violated the university’s policy. He recommended that both students write an apology that would be printed in the university newspaper. If they did not, then both Rubin Sanchez and Jacqueline Kermaynish would be expelled for printing and distributing inflammatory and derogatory material and disseminating it through the university newspaper.

Neither student was willing to write an apology. They were expelled. Both Jacqueline and Rubin lost their scholarships and were faced with difficulty in continuing their education elsewhere. Rubin Sanchez and Jacqueline Kermaynish are suing the university for re-entry to the university with their scholarship support reinstated. They are represented by the Coalition to Protect a Free Press.

ISSUE

In enforcing the nondiscrimination and harassment policy, did the school violate the First Amendment rights of Rubin Sanchez and Jacqueline Kermaynish?

Samuel Hertz, dean of students

Jeanie Rahebie, president of the Islamic Student Center

WITNESS STATEMENTS

I only drew the cartoon to help me cope with my own grief at losing my uncle. My uncle was doing his job saving innocent people and look what happened to him. We may never find his body. I draw to express my feelings when I just don’t know how to cope with something. When I am nervous or scared, I make jokes. September 11 was more than I could handle. I drew a cartoon about it. I thought that if the terrorists were in hell, it would be ironic, maybe even humorous, because they thought that martyrdom would land them in paradise. I don’t feel it’s racist. I don’t know why everyone is making such a big deal about it.

I had a good art career ahead of me. I’ve been expelled from the university, I’ve lost my scholarship, and now I will lose my life’s dream. Dean Hertz is concerned about the rights of the Islamic students to study in a bias-free setting, but what about my rights? What happened to freedom of the press? As long as I do not threaten anyone or ask anyone to do something violent, I should be able to express my feelings.

State University is culturally, ethnically, and religiously diverse. To protect the rights of all students, the university has a strict policy regarding the publication and distribution of inflammatory or derogatory material. I sympathize with Mr. Sanchez’s pain. However, the cartoon that Mr. Sanchez drew was not appropriate for the university newspaper. It mocked the beliefs of Islam and perpetuated a stereotype.

As a journalism major, Ms. Kermaynish should have made a better decision regarding the publication of this cartoon. She should have realized that in the context of September 11, 2001, this cartoon was the equivalent of "fighting words." She should have anticipated the effect that such a cartoon would have. It incited campus unrest. Ms. Kermaynish as the editor-in-chief was well aware of school policies regarding tolerance. This all could have been avoided if Ms. Kermaynish had sought guidance from the faculty advisor. State University is a public university. The newspaper receives funding from the student activity fund. Editors of the paper can earn credit in journalism. The Supreme Court has upheld the rights of public schools to censor student publications related to the curriculum.

The university was more than fair in dealing with Ms. Kermaynish and Mr. Sanchez. Had they written and published an apology, they would still be in school and on scholarship support.

I am president of the Islamic Student Center. After the tragic incidents of September 11, attitudes toward Islamic students on campus changed to hostility. We were all looked at like we were terrorists in training. Why does everyone always assume that the followers of Islam are violent suicidal radicals? We are a people of peace and have always respected the beliefs of others on campus. Mr. Sanchez’s drawing was stereotypical and degrading. The cartoon made the deaths humorous and mocked our beliefs by distorting them. Other Islamic students also found this very offensive.

Because Mr. Sanchez’s cartoon was published in the university newspaper, it was widely distributed and seen by nearly everyone on campus. This brought on nasty looks and insults.

We organized a protest outside the newspaper offices. After the protest, a Palestinian student was attacked and severely injured. His attackers left a copy of the cartoon stuffed into his shirt. We believe that the attack would not have happened if the cartoon had not incited students. What we wanted was an apology and respect. Why should freedom of speech cost us our safety?

INSTRUCTIONS

The plaintiff must demonstrate by a preponderance of the evidence that the university has violated the right to a free press in its attempt to protect the religious rights of Islamic students.

SUB-ISSUES

1. Did the cartoon violate the State University policy prohibiting religious harassment?

2. Does Hazelwood School District v. Kuhlmeier allow the university to exercise censorship?

3. Does the cartoon pass the Chaplinsky Test in that it would not "reasonably incite the average person to retaliate?"

4. Is the definition of "immediate" altered by the long life of print media?

CONCEPTS

1. The right to censor student publications: In January 1988, the Supreme Court voted 5–3 in favor of Hazelwood East High School in Hazelwood School District v. Kuhlmeier. In writing the majority opinion, Justice Byron White stated, "...we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns." Justice White further stated that a school may censor student expression "that might reasonably be perceived to advocate drug or alcohol abuse, irresponsible sex... or to associate the school with any position other than neutrality on matters of political controversy."

The Hazelwood ruling has been applied to public schools in K-12 districts. It allows school administrators broad control over student publication content. The rationale is that student publications are part of the school curriculum and that school curriculum is determined by the administration.

State University is a publicly supported state school. It has extended the Hazelwood decision to university censorship, citing that the school newspaper falls within the college journalism curriculum.

2. Definition of "fighting words": In 1942, in the case of Chaplinsky v. New Hampshire (315 U.S. 568), the Supreme Court recognized an exception to the First Amendment for "fighting words." The court opinion described such words as "those which by their very utterance (1) inflict injury or (2) tend to incite an immediate breach of the peace." Other Court decisions have limited the effect to the most challenging and confrontational of words spoken in a face-to-face encounter and those likely to lead to immediate fighting.

The college administration reasoned that looking at the cartoon in print was the same as a face-to-face encounter. Further, given the circumstances and mood of the campus following the events of September 11, 2001, the cartoon would likely lead to imminent retaliation.

3. Third party effects at a later time: In Brandenburg v. Ohio, the Supreme Court held that a threat uttered at a KKK rally did not give a prospect of immediate action and was therefore protected. The Ninth Circuit court wrote that "Political speech may not be punished just because it makes it more likely that someone will be harmed at some unknown time in the future by an unrelated third party." The Coalition to Protect a Free Press reasoned that the editorial cartoon did not carry any threat to any group and was simply an expression of the artist’s opinion of what happened to the suicide mission participants. The students could not be responsible for the actions of a third party at some later time.

4. Burden of proof: Preponderance of the evidence means that the plaintiff must prove the case by weight of the evidence in his or her favor.

LAWS

State University Policy Regarding Discrimination

Harassing behavior based on race, color, creed, religion, national origin, gender, sexual orientation, ancestry, age, marital status, handicap, or Vietnam-era veteran status is a form of discrimination and is prohibited by university policy. Harassment is a behavior that threatens to destroy the environment of tolerance and mutual respect fostered by the university.

No publication or distribution of inflammatory or derogatory material will be tolerated on campus, nor will speech to incite action against anyone or any group strictly on the basis of race, color, creed, religion, national origin, gender, sexual orientation, ancestry, age, marital status, handicap, or Vietnam-era veteran status be tolerated. The university is prepared to act to prevent or correct discrimination or discriminatory harassment on the part of its faculty, staff, or students. The dean of students shall determine such action as may be necessary with regard to students.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The following Web sites were used in the preparation of this case:

On Monday, January 7, 2002, Violet Streak came into Hairington Middle School after a two-week long holiday break. Over break, she had dyed her hair bright purple, her favorite color, to match her New Year’s Eve outfit. During first period science class that day, Vice Principal Ben A. Strictman came into class, pointed his finger at Violet and motioned for her to come with him to the office.

In the office, Mr. Strictman informed her that she would have to wash out the dye immediately in the nurse’s office. Violet told him that she could not wash it out because it lasted for 10 washes. Mr. Strictman told her that she violated school policy and would have in-school suspension until the dye washed out and her hair returned to its natural color.

Violet Streak claims she did not know she was doing anything wrong. Violet and her parents are suing the Hairington School District for violating her rights. Hairington Middle School’s handbook does not have a clause in its dress code policy forbidding hair dye in school.

ISSUE

Should Violet Streak have been suspended?

WITNESSES

Ben A. Strictman

Kimmi Küll

WITNESS STATEMENTS

My name is Dyanne Streak. I am Violet’s mother. I received a call at 9 a.m. from Vice Principal Ben A. Strictman. He informed me that Violet had been suspended for violating school policy by dyeing her hair purple. I did not know if Hairington Middle School had a policy against hair dye. Before Violet returned to school after break, I checked the school handbook and there was no mention of hair dye. I was very upset when I got the call because Violet is a good kid.

When Violet came home, she was very upset. She told me that she had an algebra test that day and that she had questions that the in-school suspension teacher could not answer. She also told me that her science teacher, Ms. Kimmi Küll, had yelled at her for distracting the class.

I think that the punishment was excessive. One day of in-school suspension is enough, but five days is unreasonable.

This is a public school and I feel that her rights to express herself have been violated. I want the suspension expunged from her record. I also strongly believe that the student handbook needs to be revised to include a statement regarding hair dye.

My name is Ben A. Strictman. I am the vice principal at Hairington Middle School. On the morning of January 7, 2002, I received a call from Ms. Kimmi Küll, the seventh-grade science teacher. She informed me that a student had come to school with her hair dyed. I arrived at the classroom and immediately recognized Violet Streak. Violet had been in minor trouble before, but she was a generally good student.

I made an announcement before Halloween that there was to be no hair dye in school. I assumed that the students understood that the announcement was in general, not just for Halloween Day. Although I thought the announcement was clear, Violet said she thought it only pertained to Halloween costumes. Our belief is that hair dye distracts students and takes their focus off of schoolwork. Also, Ms. Küll said that her students were constantly looking at and making remarks about Violet’s hair. Due to this, the children were not paying attention to her instructions or her lesson.

Ms. Streak was placed in in-school suspension until the dye washed out. This is now the standard punishment for dying one’s hair if the dye is not immediately washable. The school handbook policy implies that hair dye is not acceptable. Violet’s punishment was fair and by no means excessive; her rights were not violated.

Hello, my name is Kimmi Küll. I am the seventh-grade science teacher at Hairington Middle School. On January 7, 2002, Violet Streak came into my classroom with her hair dyed purple. As I was going over homework from the night before, I called on Kaitlin Golden to answer a question. I had to repeat myself because Kaitlin was involved in a conversation about Violet’s hair. I knew that there had been an announcement forbidding hair dye, so I called the vice principal, Ben A. Strictman, immediately. After I explained the situation to him, he came to the classroom.

Mr. Strictman motioned for Violet to come with him. Violet put up a fight at first, arguing that she had not done anything wrong. Mr. Strictman said that she had violated the school dress code policy and then Violet reluctantly stood up and walked out the door with Mr. Strictman. Violet was taken to the main office and punished accordingly. She obviously violated the dress code; therefore, I do not believe that her punishment was unfair or that the school infringed upon her rights in any way.

INSTRUCTIONS

The plaintiff must prove that the school district violated her rights by suspending her for dying her hair.

SUB-ISSUES

1. Why did Kaitlin Golden not get in trouble when she dyed her hair light blond?

2. Does Ben A. Strictman have something against Violet?

3. Did Mr. Strictman follow standard procedures while suspending her?

4. Does Mr. Strictman have an argument that dress code policy includes hair dye?

CONCEPTS

1. Freedom of expression.

2. Rights of the individual.

LAWS

Under the First Amendment, American citizens are free to express themselves. This freedom includes hair and clothing colors/styles. In a school setting, dress code parameters must be clearly outlined in the student handbook. The penalty for violating school policy must be reasonable.

What Goes Around Comes Around

FACTS

Tendonin, the world’s leading video game system manufacturer, had announced a "revolutionary new system," code-named Piranha, to be shown at the February 2001 Toy Show in Manhattan. Experts within the company had been projecting hundreds of millions of dollars worth of potential sales. On December 1, 2000, reporter Anita B. Wright toured the Tendonin headquarters to see what kinds of games the company would be releasing in the near future. Due to the secret designs at the headquarters, she signed a confidentiality agreement stating that she would not write anything in her newspaper, The Newark Times, that she learned outside of the office of Charles E. Orlando, the CEO of Tendonin, whom she would be interviewing.

On her way back to her car after the interview with Mr. Orlando, she saw two game designers in the elevator with blueprints and specifications of the new system. She overheard them talking about some of its features. One of them held a model of the new system. As soon as she was out of the building, she sketched the new system and wrote down its features on a pad. The next day she went to two game system designers to verify that the system was feasible, and they assured her that it was. She then phoned her editor, Frieda O. Speach, and on December 14, 2000, the blueprints and specs of the GameSphere were published in The Newark Times, and they were seen by hundreds of thousands of people, as well as the other game companies.

The GameSphere design was unpatented as of yet because it was being kept a secret. Tendonin’s competitors, Shony and Microhard, incorporated some of the design features into their own systems, which were due to be released shortly. On May 14, 2001, Shony released its system, followed by the YBox from Microhard on June 21. The systems had most of GameSphere’s features, and as a result, Tendonin sold about five percent of the consoles that it expected to when GameSphere was released on November 8. Tendonin is suing The Newark Times and Anita B. Wright for $680 million, the estimated loss of revenue from 2001.

ISSUE

Was The Newark Times within its legal rights according to the First Amendment, guaranteeing freedom of the press, in publishing Miss Wright’s article?

WITNESSES

Anita B. Wright, reporter for The Newark Times

Frieda O. Speech, editor for The Newark Times

WITNESS STATEMENTS

My name is Charles E. Orlando. I am the chief executive officer for Tendonin and am partners with Mr. Ting. On December 1, I met with Miss Anita B. Wright, reporter for The Newark Times. Just before the interview, Miss Wright signed a confidentiality agreement. This agreement stated that Miss Wright was to keep any information she obtained in the Tendonin building outside of the interview with me totally confidential. During the interview, we discussed future and past products of Tendonin. I was extremely careful not to give her any specific or substantial information about GameSphere or any of its features. I did not discuss with her any of the information that was published in The Newark Times on December 14. I also was sure to use the code word Piranha and not the word GameSphere.

My employees told me that they were holding a clay model of GameSphere and documents that contained some specifications of GameSphere while in the elevator in the company of Miss Wright. I checked the security cameras in the elevator and in the parking lot to verify this information. The security cameras proved that Miss Wright sketched a picture of the clay model of GameSphere that Mr. Ting was holding. Our video cameras also showed that Miss Wright was looking at the documents that they were holding and writing down every detail that she could in the limited amount of time. She obviously succeeded in this act of industrial espionage. The subsequent publication of this information in The Newark Times caused sales to drop by $680 million because Shony and Microhard adapted GameSphere’s features and options, as described in The Newark Times, to their game systems.

My name is Anita B. Wright. I am a reporter for The Newark Times. On the morning of December 1, 2000, I was scheduled for a meeting with Charles E. Orlando, the CEO of Tendonin. I walked into the office building and was escorted up the elevator to his office. I informed Mr. Orlando that I would be recording our conversation. The interview went as planned and Mr. Orlando answered all of my questions. I learned a great deal about the video game industry. I thanked him for his time and left his office.

Then I was escorted onto the elevator where I noticed two of the company’s employees, one of whom was Mark E. Ting, the marketing manager of Tendonin. They didn’t seem to notice me. They were talking about something that seemed important, so I did my job as a reporter and took out my handheld pocket recorder. I started recording what the two men were saying, and noticed that they also had a clay model labeled Piranha. I studied it very carefully. Then the elevator reached the bottom floor. After I got out, I quickly sketched the model to the best of my ability on my pad.

The next day I met with several video game engineers who are knowledgeable about computer and video games. I showed them my sketch and discussed my interview with them. They told me this type of technology could definitely work in a new game system.

After that, I drove home and immediately phoned my editor, Frieda O. Speach. I told her I would come into the office the next day to meet with her. We discussed my notes and verified my sources. I then began to write my article, which was published in The Newark Times on December 14, 2000.

The elevator is a public area and therefore I wasn’t violating the confidentiality agreement I signed by recording what the two men were saying. I feel I was only doing my job as a reporter by recording whatever I heard and printing it. Publishing my article in The Newark Times, including the information I got in the elevator, is a freedom afforded to me by the First Amendment, freedom of speech and of the press.

1. First Amendment to the Constitution of the United States of America — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. 418 U.S. 241 (1974) — "The Supreme Court considered whether a state statute could grant a political candidate a right to equal space to reply to a newspaper’s criticism and attacks on his record.... The court held that the statute would burden the press by diverting its resources away from the publication of material it wished to print, and would impermissibly intrude into the functions of editors." (Newsweek Education Program — The First Amendment Is Alive and ? Copyright 2002.)

Kevin Klan v. the Freedom School District

FACTS

On April 22, 2001, Kevin Klan was sitting at his computer in his classroom in Melting Pot Middle School in Freedom, NJ. It was during lunch when Mr. Klan decided to visit his club’s Web site to check if he missed anything important at the last meeting. Mr. Klan is a part of a white power organization, W.U. (Whites Unite). Mr. Klan claims never to bring his beliefs into class. Prior to this event, staff, children and parents were not aware of his W.U. membership.

At approximately 11:43 a.m., Perry Fict, a white student, walked into Mr. Klan’s classroom on the second floor to discuss his grade for the semester. Perry usually gets all As but recently failed a test and was worried he would drop a letter grade. Perry, knowing students weren’t allowed in the school during lunch, was still curious and knew Mr. Klan was cool about little rules being broken. Perry saw the computer on and went to see what was on it. Just then Mr. Klan returned to the room, saw Perry at the computer and ran to click out of the site but Perry had already seen it.

Mr. Klan apologized and Perry accepted. Later that night Perry told his mother and father. Three days later an outraged Mr. and Mrs. Fict along with many other parents went to the school board and demanded that Mr. Klan be fired.

The school board then fired Mr. Klan. Mr. Klan believes that his First Amendment rights have been violated and is suing to be reinstated in his position at the school.

ISSUE

Were Mr. Klan’s First Amendment freedom of speech rights violated?

WITNESSES

Perry Fict

Dr. Iya Kare

WITNESS STATEMENTS

My name is Joey Honest. I am 37 years old and am a colleague of Mr. Klan. We both work at school and have both gone to Dale University. Both of us have worked at the Melting Pot Middle School for 10 years. I have been aware of Kevin’s membership in W.U. for as long as I can remember. Kevin has never even mentioned his club on school premises. There was never a rule in our contract that said that teachers could not look at certain Web sites when we weren’t teaching. Mr. Klan has done nothing wrong in looking at his Web site at an appropriate time. Students shouldn’t even be in the building at that time. Kevin Klan is in all ways innocent.

My name is Perry Fict. I attend Melting Pot Middle School in Freedom, NJ, and my teacher is Mr. Klan. On April 22, 2001, I went into Mr. Klan’s room to ask for my grade. I discovered he was gone and had left the computer on. As I was leaving, I saw the letter. It was addressed to an organization called "Whites Unite." The letter included several racist comments and jokes that I found offensive. I was furious. I went to investigate this when Mr. Klan sprinted into the room and exited the site. Mr. Klan then pretended like nothing happened. After school I told my mother and she told my father when he got home. My father seemed outraged and quickly called the principal.

My name is Dr. Iya Kare, superintendent of Freedom schools. On April 22, 2001, I received a call from the principal of Melting Pot Middle School. He explained to me that he received a phone call from an outraged Mr. and Mrs. Fict. They informed him that their son Perry Fict had viewed a racist site on his teacher’s, Mr. Kevin Klan’s, computer screen.

The next day, the principal and I approached Mr. Klan about this situation. He informed me that he did indeed belong to a racist organization. I believe the name was Whites Unite. I stated to Mr. Klan that he had put me in a very difficult situation. I told him I would appreciate it very much if he did not view that site or any site of that content at any time at school.

Three days later at a school board meeting, parents infuriated by Mr. Klan’s actions demanded that he be fired. I was concerned that the discipline within the school would be greatly affected by this. The next day Mr. Klan was dismissed of all his duties.

INSTRUCTIONS

The plaintiff must prove by a preponderance of the evidence that the defendant violated his First Amendment right to freedom of speech by restricting his viewing of the Web site and that his right to freedom of speech doesn’t interfere with school discipline or the rights of others.

SUB-ISSUES

1. Should Perry Fict have been in the classroom at lunchtime?

2. Should Kevin Klan have been on the W.U. site in school?

3. Was Mr. Klan’s right to privacy invaded?

CONCEPTS

1. Credibility of witnesses.

2. Right to privacy.

3. Freedom of speech.

4. School’s rights under First Amendment.

LAWS

1.The Bill of Rights, Amendment I — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. Tinker v. Des Moines — A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid a substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.

The Rocker: October Issue

FACTS

Eddie Tour is a journalism teacher at Rockaway High School. He is also the faculty editor of the student newspaper, The Rocker. The Rocker is issued monthly and each issue has a specific theme. Student editors, whose work on The Rocker is excellent, will receive college credit if they major in journalism at the state university. Before each issue of The Rocker is printed, Eddie Tour submits a copy to the principal, L. Capitan, for final approval. The theme of the October issue was "Appreciating Our Differences." In this issue, a cartoon strip depicted minority students in the following stereotypical situations: African American students were displayed as great athletes; Asians were portrayed as nerdy; Hispanics were depicted as gang members; and the last capsule of the cartoon strip portrayed minority students striving to make the best out of their differences.

Eddie Tour submitted a draft of The Rocker to L. Capitan for final approval, and for the first time, L. Capitan denied final printing approval. L. Capitan instructed Eddie Tour and his students to come up with another theme for the October issue. He suggested articles dealing with the changes in the weather, fall sports, and the upcoming holiday season. L. Capitan stipulated that the issue would be approved as long as the theme did not deal with racial matters. Eddie Tour and the students were furious that they were not allowed to publish The Rocker the way they originally drafted it. They are suing the school for violation of their First Amendment rights.

ISSUE

Did the school violate Eddie Tour and the students’ First Amendment rights by not allowing them to print The Rocker with racial issues in it?

L. Capitan

Jimmy Tan

WITNESS STATEMENTS

My name is L. Capitan. I have been the principal at Rockaway High School for 25 years. The student population at Rockaway High is very diverse. It is my responsibility to protect the reputation of this school as well as make sure the students and staff are free from harm. The racial slurs contained in the cartoon strip of the October issue of The Rocker are very inappropriate. I was very surprised to see the stereotypical images portrayed in the cartoon strip.

In all my years, I have never had to censor any articles. I had to say something about this issue. If The Rocker is printed as is, kids and parents might be offended and some might even take it personally. I think writing about seasonal sports and the fall holidays would be safer for our student population. The Rocker has always been a good paper and we want to keep it that way.

My name is Jimmy Tan. I am Asian and a freshman at Rockaway High School. The cartoon strip depicts Asians as nerdy students. If the paper were printed, it would put a lot of pressure on me to study more and score higher on tests. When I come to school, I want to feel welcome and be able to make friends. I don’t want to be picked on by other students. The cartoon doesn’t send any positive messages.

The plaintiff must set out such a convincing case against the defendant that the jury believes by the preponderance of the evidence that the defendant violated the First Amendment rights of the plaintiff.

SUB-ISSUES

1. Is the cartoon strip protected speech?

2. Does it fall into the unprotected speech category?

3. Can Amy Green still get into college if this issue of The Rocker is not printed?

4. Is harm to students and faculty likely to be caused if The Rocker is printed?

CONCEPTS

1. Credibility of witnesses.

2. Burden of proof — preponderance of the evidence.

3. Definition of preponderance.

4. Freedom of expression.

LAWS

The First Amendment of the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

All speech is protected under the First Amendment of the United States Constitution unless it falls within one of the unprotected categories. The unprotected categories are defamation, advocacy of illegal conduct, and fighting words.

Students in public schools have a limited right of free speech. The student’s right to speak freely has to be balanced against the administration’s right to carry out its educational mission and to maintain discipline.

The Constitution of the United States of America — The First Amendment.

Constitutional Law Capsule Summary on-line at www.lawschool.lexis.com/emanuel/.

Roe, Richard L., ed. Putting on Mock Trials. 3rd ed. Chicago, IL: American Bar Association, 1987.

Adam J. Play v. Fairfield High School

FACTS

On Wednesday August 1, 2001, Adam J. Play tried out for the Fairfield High School freshman football team. Although he was not a star player, he made the team. After practice the next Tuesday, he told the coach, Robert N. Just, that he had to leave practice early on Friday, and could not play on Saturday because of his religion. His religion, Orthodox Judaism, requires him to observe the Sabbath from sundown Friday to sundown Saturday. The coach then told him that he shouldn’t bother to come to practices if he couldn’t play in the games or stay for the whole practice time. He was then kicked off the team. He and his father are petitioning the school district to change games to weekdays so that Orthodox Jews have an equal chance to play. The school is refusing to do so, saying that weekday games interfere with homework and grades.

ISSUE

Did Fairfield High fail to follow the First Amendment by not letting Adam J. Play participate on the school football team because of his religion?

WITNESSES

Coach N. Just

Superintendent Ima N. Fair

WITNESS STATEMENTS

I am Rabbi Rely from the Bahnai Temple. Adam J. Play should be allowed to play on the Fairfield High football team. He worked hard for the tryouts and to make the team, and it isn’t fair that he should be kicked off the team because he follows Orthodox Judaism. He is very devoted to football and Judaism and its teachings. Judaism is a worldwide religion, and schools should be able to allow Jewish children to participate in what they want to do. Freedom of religion is part of the First Amendment. A student should not have to choose between sports and religion. If so, you are breaking the First Amendment. Schools can accommodate just about anyone into after school activities, but yet this high school cannot seem to accommodate Judaism.

I am Coach N. Just of the Fairfield High football team. Our team is very committed to the game. Every student that joined and tried out for the team knew the rules, regulations, schedules, and times of the games and practices. So Adam J. Play must have been aware of the schedule and the conflict it presented for him. I will try to make accommodations, but it isn’t only my decision. The superintendent and the school district are in charge; I am only the coach.

I am the superintendent of Fairfield High School. Coach N. Just has discussed this issue with me before. If Adam J. Play is not able to attend a full practice, then he should not be allowed to play on the football team. The league that we play in has a very specific schedule, one that would be best if everyone followed. It is good that he has religious beliefs, but we can’t change the schedule that everybody uses just to accommodate one player. I understand the position of the coach and I agree fully with him. If Adam can’t attend the games, then he isn’t any help to the team. We have a limited amount of space on the team, and he is taking up a space that another, full-time player could use.

INSTRUCTIONS

The plaintiff must prove that being kicked off the school football team broke his right to freedom of religion.

SUB-ISSUES

1. Right to public education —is sports participation part of an education?

2. Discrimination based on religion.

3. Is the school’s decision a violation of Adam Play’s rights?

CONCEPTS

1. Right to participate in a school sport.

2. Grounds for barring a student from a school activity.

3. Freedom of religion.

LAWS

1. First Amendment — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. Public schools allow time off to observe religious holidays.

3. Students cannot be forbidden to participate in extracurricular activities, which are part of an education.

It was September 9, 1996. Big Billy Bib was in math class when the door opened. A new kid from Alabama strolled into the classroom. The teacher announced that the new student’s name was Stu Ert. She also informed them that he excelled in math at his other school.

Stu took an empty seat next to Big Billy Bib, and was asked for help in math by Big Billy Bib. Stu Ert told Big Billy Bib it was a test and refused to give him the answers. Big Billy Bib got very mad.

After school, Stu Ert quickly left to go home. No one was following him until he reached Pet’s Pet Store. The pet store owner, Annie Mal, heard a scream at approximately 3:45 p.m. She quickly ran outside to find a bloody, beaten-up Stu Ert and four kids in hoods running away. One of the kids’ hoods fell down and Annie saw the carved sign of the Bib gang. She believes it was Small Billy Bib, but she could not fully see him. Stu received 38 stitches and three punctured ribs. Big Billy Bib, Small Billy Bib, Strong Billy Bib and Baby Billy Bib are being charged with assault and battery.

ISSUES

Was it really Small Billy Bib whom Annie Mal saw running from the crime scene?

Does Small Billy Bib really have the Bib sign in the back of his head? If so, did Annie Mal see that sign?

WITNESSES

N. Mister, teacher of both Big Billy Bib and Stu Ert

Big Billy Bib, accused of beating Stu Ert

My name is Stu Ert and I just moved to Pittsville Middle School from Alabama. It was September 9, 1996 and I came into math class. We were taking a test and the teacher told the rest of the class that I excelled highly in math. I took a seat next to Big Billy Bib. He asked me if I could give him the answers to the test and I kindly told him no. He became very furious and threatened me and cussed at me.

After school, I walked home. When I passed Pet’s Pet Store, four hooded men came after me. I was beaten with chains and bottles. A woman from the pet store came to assist me and she told me that she saw the Bib gang symbol on the back of the head of one of the hooded men. It was Small Baby Bib. She also said that he always came into the pet store to buy snake food for his boa. I was then taken to the hospital, where the doctors gave me 38 stitches. I also suffered a broken nose, a minor concussion and three punctured ribs. I was beaten up at about 3:30 or 4 in the afternoon.

My name is Mrs. N. Mister. I’m an eighth-grade teacher at Pittsville Middle School. Big Billy Bib and Stu Ert are in my ninth period math class. It was September 9, 1996 and a new student named Stu Ert came into my class and took a seat next to Joseph Bib, a.k.a. Big Billy Bib. The principal informed me that Stu performed well in his math class back in Alabama. After hearing that, I thought it was a good idea that Stu sit next to Big Billy Bib. Bib had many problems in math and was getting low grades.

In class that day, I heard Bib whispering to Stu about a question on the test. I had a problem with it because I told them there was no talking when the tests were handed out. I yelled at Bib and he became very upset. At the end of the class, I overheard Bib yelling at Stu for getting him in trouble.

My name is Joseph Bib, a.k.a. Big Billy Bib. It was September 9, 1996 when I was in math class and a new kid named Stu Ert came into class. The teacher said he was a good math student and I kindly asked him for some help prior to the math test. Stu yelled and cussed at me and told me to not to bother him again. That made me so mad that I got up out of my seat to tell the teacher. After Stu yelled at me, he kept staring at me for the duration of the class.

After school I went to eat on the corner of Broad and Central with my three brothers, Small Billy Bib, Strong Billy Bib and Baby Billy Bib. We got done eating at around 4 p.m.

We heard the next day that Stu Ert was severely injured. The police called us into the principal’s office. They asked us some questions and told us that we were being charged for physical abuse of Stu Ert.

INSTRUCTIONS

The jury must decide whether the Bibs are guilty of assault and battery beyond a reasonable doubt.

Should the defendant be accused of:

1. Assault.

2. Battery.

3. Terrorist threats.

CONCEPTS

1. Assault and battery.

2. Terrorist threats.

3. Burden of proof.

4. Credibility of witnesses.

LAWS

2C:1-13: Proof beyond a reasonable doubt; affirmative defenses; burden of proving fact when not an element of offense.

Val Victoria was the top-ranked student in her graduating class at One Side High School. Her straight-A record won her the honor of speaking as class valedictorian at graduation. On Friday, June 15, 2001, the whole town assembled in the new high school performing arts center to celebrate the accomplishments of the graduates. Before Val gave her speech, both the principal and the mayor of the small town of One Side congratulated the audience for pulling together to provide such a perfect place for young people to grow up as outstanding citizens.

No one had previewed Val’s planned speech except for her social studies teacher, Biff Freeman. He had read her written outline and approved it, just as he had done for the last five valedictorians. When Val started to speak at the graduation ceremony, it soon became clear that she was not so convinced that the town of One Side had provided her with such a perfect environment. She began to describe what she perceived as problems with racial injustice and discrimination against the poor in the town’s housing policies. Val even said that she had learned more from what was wrong with One Side than from what was right and good about it.

Suddenly, in the middle of Val’s speech, the power was shut off to her microphone. The principal, Greta Offstage, had made the decision to stop the speech. The mayor took the stage to give out the diplomas. Then the sound was restored to the microphone so that the senior class president, Lance Chesterbrook III, could give his farewell address. Val Victoria’s parents are suing One Side High School for violating their daughter’s freedom of speech. They are seeking damages for emotional suffering. They would also like the school district to publish Val’s speech in the One Side Press, accompanied by an apology for cutting her graduation speech short.

ISSUE

Did representatives of the public high school violate Val’s constitutional freedom of speech when they prevented her from completing her valedictory speech at graduation?

WITNESSES

Greta Offstage, principal of One Side High

Lance Chesterbrook III, class president

WITNESS STATEMENTS

I teach social studies at One Side High School. Val Victoria is one of the most promising students I have ever had the pleasure of teaching. She is especially interested in issues of justice and human rights. When I reviewed her outline for the valedictory speech, I was not at all surprised that Val planned to point out some local problems that she would challenge the audience to correct. In my opinion, if she had been allowed to finish the speech that she had earned the right to deliver, no one would have been offended. In fact, Val might have actually given the first high school speech to make a real difference in the life of our town. We need to practice what we teach our students about First Amendment freedoms.

It is very unfortunate that our brightest student has not learned the difference between a political commentary and a graduation address. Val Victoria’s job at graduation was to give the audience a positive message about the accomplishments of this year’s graduating class. An expression of gratitude to parents, teachers, and community members for the way they have supported our young people was also expected. Unfortunately, Val chose to say things that would shock and hurt community members in the very first sentences of her speech. I felt that I had to take control of this situation before it spoiled the day for everyone. I must say, Val doesn’t seem very grateful for all of the college recommendations and awards she got from the good people of the town of One Side. Val should learn that her freedom of speech must be balanced with the best interests of the school on a public occasion like graduation.

I was the senior class president of One Side High School, class of 2001. As I recall it, our senior year was filled with many accomplishments and lots of fun. That was the theme of my farewell address. Val Victoria may have had the highest grades for four years of high school, but she sure didn’t earn any points for that final speech. How anyone can disrespect this wonderful town is beyond me. In my own speech, I was careful to thank the school and the citizens of One Side for helping me to accomplish my dream of attending Harvard University. Maybe Val was resentful that she was not accepted at her first choice Ivy League school. I also reminded the students to treasure the happy times that they had shared.

Val’s speech almost destroyed the mood of the whole celebration. I think I speak for everyone when I say that Val Victoria had set out to ruin our graduation. Principal Offstage saved the day by pulling the plug on her negative and inappropriate comments.

INSTRUCTIONS

The plaintiff must prove that One Side High School violated her right to freedom of speech by cutting short her valedictory speech at the graduation ceremony.

1. Was the content of the speech libelous?

2. Was the language or content of the speech inappropriate for a school audience?

3. Were any school rules or written policies violated by the speech?

4. Did Val’s speech match the approved outline?

5. Had Val received any instructions limiting her choice of subject?

6. Does a school official have the right to censor a graduation speech while it is in progress?

CONCEPTS

1. Freedom of speech.

2. Balance of individual rights with the rights and responsibilities of an institution of education.

3. Rights of minors in school.

4. Reasonableness of action taken.

5. Appropriateness of damages.

LAWS

1. Freedom of speech is guaranteed by the First Amendment to the Constitution of the United States.

2. School law: Public school boards of education may make rules and set policy to ensure the safety of all students. This includes disciplining students who break school rules or violate policies designed to ensure an orderly educational environment.

Shay Kinnup was a new student at Field Middle School who transferred from another school because he was allegedly bullied by other students. In his prior school, he was involved in a fight and suffered minor injuries. Any injury to Shay Kinnup was life threatening because he had hemophilia. Hemophilia is a blood disorder with a higher incident rate in males, characterized by a deficiency of selected proteins in the body’s blood clotting system. Shay had been seeing a counselor for the last two years to help him cope with his stress.

Shay Kinnup was an eighth-grade student in Field for less than two weeks when he started to be teased and harassed by Tim Adater, an eighth-grade repeater. Tim seemed to enjoy teasing certain students, especially new ones. Shay Kinnup tried to handle the situation alone and didn’t report Tim to anyone. The taunting and bullying in school were obvious to many of the students and some staff members.

On November 2, Ms. Dee Tention, the history teacher, was absent from school. When the substitute arrived a minute or two late to class, he found an obscene phrase written on the board. After unsuccessfully trying to identify the culprit, the substitute left a note for the teacher. Upon her return the following day, Ms. Dee Tention informed the class that unless someone confessed, the entire class would stay for after school detention. She also told them that if anyone had any information regarding the incident, he/she should see her in private and he/she would remain anonymous.

Later that afternoon, Tim saw Shay talking to Ms. Dee Tention before lunch. After lunch, Ms. Dee Tention approached Tim and informed him that class detention was cancelled, but she wanted to see him after school in her room. After English class, Tim confronted Shay and said, "I’ll take care of this after school!" Shay Kinnup perceived this as a threat and hurried to get home immediately, once dismissed from school.

At 3:30 p.m., Shay was in front of his house taking down Halloween decorations when he noticed Tim Adater walking down the street. Tim yelled out, "Hey, I thought I told you to meet me after school!" Shay ignored his comment, turned away and continued to take down the decorations. Tim continued to yell as he approached the house. He walked up to Shay and turned him around. Shay fell to the ground, crashing into a box of decorations. Laughing while cracking his knuckles, Tim moved toward Shay. In response, Shay picked up a yard tool lying nearby and hit Tim across the head with it. Tim fell to the ground bleeding. Shay ran in the house and immediately called 911.

Shay Kinnup is being charged with assault and battery of Tim Adater. Shay Kinnup is claiming that he struck Tim Adater in self-defense.

ISSUE

Did Shay Kinnup act in self-defense or is he guilty of assault and battery?

WITNESSES

Shay Kinnup

Dr. Mae Ihelpp

WITNESS STATEMENTS

My name is Mia Runna. I jog every day around 3:30 in the afternoon. I usually start to cool down when I get to Maple Drive. That’s where I witnessed this act of violence against Tim Adater.

On November 3, 2001, I had just started to slow down when I noticed my favorite house on the block. They did such a beautiful job decorating for Halloween. I was paying close attention on that particular day because I noticed Shay Kinnup, the boy who lives there, taking the Halloween decorations down. Another boy crossed the street and walked over to him. He looked like he was reaching over to get his attention. I saw the defendant fall into a box. All the other boy was doing was standing over him. I never saw him push him, hit him, or even yell anything.

All of a sudden, out of nowhere, the defendant grabbed an object and hit the other boy in the head. The boy who was hit fell to the ground while Shay ran inside the house. I immediately ran over to the boy on the ground and attempted to help him. He was bleeding so I used my jacket and wrapped his head with it. I called 911 on my cell phone. The operator informed me that someone had already reported the incident. Within a few minutes, the police and ambulance arrived. The policeman asked me some questions and took my statement. Tim Adater was not threatening Shay Kinnup or harming him in any way. I believe this was a senseless act of violence.

My name is Shay Kinnup. I am a hemophiliac. I don’t tell people about my condition because I’m tired of being treated differently. I just want o live my life as a normal teenage kid. Before I moved to Field, I was bullied and hit by another student once and received minor injuries.

I am currently attending Field High School. Last year, in eighth-grade, Tim Adater tormented me. I was teased and bullied by him from the first day of school. Many times I was harassed for my lunch money. Everyone knew about his reputation and was well aware of his bullying. I never told anyone about it because that would have made the situation worse. My therapist, Dr. Mae Ihelpp, was the only one who knew what was going on.

On November 2, 2001, our history teacher, Ms. Dee Tention, was absent from school. The sub was a couple of minutes late to class. I was talking to my friend when most of the class burst out laughing. Apparently, someone wrote something bad on the board. I didn’t even see who did it. Later during the day, everyone was saying that Tim had written the remark. The sub tried to find out who did it, but, of course, no one would rat out Tim.

When Ms. Dee Tention came back the next day, she was really mad. She told the class that everyone would have to stay after school unless someone confessed. Honestly, three days of detention would have been better than telling on Tim. On my way to lunch, I remembered that I had to ask Ms. Dee Tention about a class project. Tim walked by and I guess he thought I was telling on him. He looked really mad. After English class, he told me he was going to get me after school. I hate to admit this, but I was really scared.

As soon as school ended that day, I ran home. I didn’t want to be anywhere near Tim. I was in front of my house taking down Halloween decorations when I saw Tim walking down the street. I wasn’t scared because Tim always walks down my street. He yells stuff at me all the time, but I just ignore him. He’s never come on my property before. I turned my back and continued taking down the decorations.

All of a sudden he was right behind me. He pulled me around so hard that I fell and crashed into the box of decorations. He started to laugh and crack his knuckles. The only thought that was running through my mind was "I’m going to bleed to death!" I really thought he was going to kill me! I knew that there was no way I could make it safely inside my house. I had to protect myself, so I grabbed whatever I could and protected myself against him. I did not intend to harm him. It all happened so fast! When he fell down bleeding, I ran in the house and immediately called 911. I can’t believe that I’m the one in trouble now. You have no idea what Tim has put me through. What I did as not assault or revenge. I acted in self-defense.

My name is Dr. Mae Ihelpp. I attended Yale University and earned a doctorate degree in psychology. I have my own practice and I have been counseling for over 15 years. Over the years I have received numerous awards, especially for my extensive work with adolescents. Most recently, I have published a book on Anxiety Defense Response (ADR) in adolescents.

Shay Kinnup has been my patient for the past two years. He has suffered a tremendous amount of stress this past year. He had to cope with changing schools and making new friends. This may be normal for many students but not for Shay. You see, he has been a victim of bullying for some time now. In addition, Shay is a hemophiliac who consistently needs to worry about his health. When he informed me about the bullying, I tried to persuade him to report it to the proper authorities but he refused. He feared that reporting Tim Adater would only make matters worse. He also informed me that he was handling it and would do his best to ignore it.

In my professional opinion, Shay’s actions should not be considered an assault. The amount of anxiety that Shay experienced when Tim was on his property caused him to react the way he did. In his mind, he believed that Tim was going to harm him, perhaps even kill him.

When Tim proceeded to push Shay around on his lawn, I believe that this action triggered a behavioral response in Shay that is consistent with ADR. ADR is a syndrome where a person may respond reflexively in self-defense because the fear of injury is increased as a result of anxiety or stress. I’ve seen this behavior in other victims of bullying. People who experience this condition may react in a way that a "normal" person may not. One cannot judge Shay’s actions as excessive because he truly believed that he was in imminent danger. By the time Shay realized the danger he was in, he believed that he had no retreat or escape. In his mind, he feared he would be injured and possibly bleed to death. My records indicate that Shay often experienced feelings of fear of being seriously hurt, even dying. He clearly acted in a way that he believed would protect him; therefore, I believe that he truly acted in self-defense.

INSTRUCTIONS

The prosecution must prove that Shay Kinnup is guilty beyond a reasonable doubt.

SUB-ISSUES

1. Did Tim Adater intend to threaten Shay Kinnup with his words and actions?

2. Did Tim Adater commit an act of aggression by grabbing Shay Kinnup and turning him around?

3. Was Tim Adater’s action of trespassing onto Shay’s property without permission and physically forcing the defendant to turn around sufficient cause for provocation?

4. Was Mia Runna’s eyewitness account accurate?

5. Did Shay Kinnup’s excessive amount of stress cause him to overreact?

6. Did Shay Kinnup make it clear to Tim Adater that Tim was not permitted on his property?

7. By keeping a yard tool close at hand, did Shay Kinnup intend to engage Tim Adater in a violent exchange?

8. Should Shay Kinnup have retreated into his house to avoid the altercation?

9. Did Shay Kinnup use more force in self-defense than necessary?

10. Is Dr. Mae Ihelpp’s testimony influenced by her recently published book on ADR?

CONCEPTS

1. Burden of proof; guilty beyond a reasonable doubt.

2. Credibility of witnesses.

3. Definition of assault.

4. Definition of battery.

5. Definition of self-defense.

6. "Duty to Retreat."

7. Definition of Anxiety Defense Response.

LAWS

Burden of Proof — the mandate, operative in American criminal courts, that an accused person is assumed innocent until proven guilty, and which tasks the prosecution with proving the defendant guilty beyond reasonable doubt.

Assault — A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault.

Battery — A battery necessarily includes a preceding assault and in addition extends to the actual touching or striking of the person, with the intent to do so, with unlawful force or violence.

Self-Defense — A defense commonly asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon or murder. The defendant admits that he/she did in fact commit the crime, but claims that it was justified by the other person’s threatening actions. The core issues in most self-defense cases are:

• Who was the aggressor?

• Did the defendant believe that self-defense was necessary and reasonable?

• If so, was the force used by the defendant also reasonable?

Self-defense is rooted in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until he/she is actually struck to act in self-defense. If a reasonable person in the same circumstances would think that he/she is about to be physically attacked, he/she has the right to strike first and prevent the attack. But he/she cannot use more force than is reasonable — if he/she does, he/she may be guilty of a crime.

Duty to Retreat — If one is threatened with an attack and it is possible to retreat to a place of safety before the attack, one must do so before using deadly force.

N.J.S.2C:3-4: Use of Force in Self-Protection — Use of force justifiable for protection of the

person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

The Other Side is a popular heavy metal rock group that has recently released an album. This album contains controversial lyrics that focus on violent acts such as suicide and murder.

On June 23, 2001, a 15-year-old boy named Joseph Witherspoon committed suicide in his backyard by stabbing himself in the chest. At the scene of the suicide, he was found with a pair of headphones on his head with music from The Other Side still playing. His parents blamed the music for influencing Joseph Witherspoon to drive himself to death. They took action to have such lyrics banned, and they gathered supporters for their cause.

The parents and their supporters protested, and soon there was a nationwide movement against the distribution of suicidal lyrics. The protesters began to pressure the government to take action to prevent another tragic incident from occurring. This pressure caused the government to form an agency under the Federal Communications Commission to ban the playing of songs with lyrics that promote or encourage suicide, murder or serious bodily harm on the radio and television.

Many bands began to protest, claiming that this was a violation of their First Amendment rights of freedom of speech and expression. The Other Side resolved to represent all of the bands that are affected by this new ban. They decided to contest the government.

Is the ban of songs with lyrics that promote or encourage suicide, murder, or serious bodily harm a violation of the First Amendment rights of freedom of speech and freedom of expression?

WITNESSES

Ima A. Jint, a government agent from the FCC

Matt Forban, a child psychologist

WITNESS STATEMENTS

My name is Dr. Jean E. Yuss. I have a Ph.D. in Juvenile Psychology from Oxford University and have been practicing juvenile psychology for 21 years. My studies have focused on the effects of violence from music, television and other types of media. I have previously received the honor of being named the top juvenile psychologist by Psychology Today magazine.

According to my in-depth research, adolescents do not take the lyrics of a song seriously; they just listen to the rhythm. In addition, music is not as influential as visual media, such as television, and movies. Therefore, it cannot be proven that music, as opposed to other influences, causes people to commit suicide. In the case of Joseph Witherspoon, he may have been experiencing other problems in the home or at school, causing him to feel that there was no other escape from his tribulations.

I and other professionals who have dealt with this complicated issue have proven through intense studies that children with strong, positive values will not be affected by the lyrics of the music. It is the responsibility of the parents to instill these positive values in their children and to support their teenagers through their tough adolescent years.

Over the past years, I have found that it is impossible to find a society that is free of violence. You cannot erase thoughts of violence from the general public. In my opinion, banning this sort of music from the public will not decrease the suicide rate of teenagers.

My name is Ima A. Jint. I am a government agent from a branch of the Federal Communications Commission that prohibits the playing of songs on radio and television with lyrics that promote or encourage suicide, murder, or serious bodily harm.

The government’s purpose is to promote the general welfare. This ban is not stopping the bands from singing their songs; we are just stopping the distribution of these songs to the general public on public airwaves. We are looking out for the community, not only young children but also the future generations. If the world is like this now, what will it be like 10 years from now?

The government has already banned obscenities over the Internet under the Communications Decency Act. The courts defined obscenity, and they can also define lyrics that promote or encourage suicide, murder and serious bodily harm. The government is only following the precedent it has already set.

We all have to try to prevent the incidents like that of Joseph Witherspoon. Is a band selling their songs and earning a profit worth even one person’s life?

My name is Dr. Matt Forban. I am a certified child psychologist and possess a doctorate from Yale University. I have been practicing psychology for over 30 years. I am currently working at the Cohen Clinic, studying the effects that music has on our youth.

Recently there has been much protest and concern over the lyrics that this generation of musicians creates and sings. My colleagues at the Cohen Clinic and I believe these lyrics do have an influence on the way children think and act. A child will follow up on the actions of a person he or she idolizes. For example, if an artist sings about committing suicide, a child who idolizes that person may take the lyrics word for word and actually commit suicide. One particular band, The Other Side, comes to mind when it comes to impact of suicidal lyrics.

Dr. Eliot Garson, an eminent psychologist in our field, and my partner in these studies, once said, "...any person may be persuaded to accept the apparent beliefs espoused by someone he or she admires." We need to draw the line on what is acceptable for our posterity. The limits of what is acceptable get pushed further every day.

INSTRUCTIONS

The plaintiff must prove by a preponderance of the evidence that the banning of songs based on their lyrics that encourage or promote murder, suicide or seriously bodily harm infringes on freedom of speech guaranteed by the First Amendment.

SUB-ISSUES

1. Can it be proven that the music is to blame for the child’s suicide?

2. How are the members of the FCC going to decide what music is inappropriate?

3. Will the banning of songs promote the general welfare?

4. Will the banning of songs promote illegal distribution of songs to the public?

5. How long can we turn away from the problem brought about by "the music of our time?"

6. Is the ban the solution to the problem of suicidal lyrics?

7. If music is not as influential as visual media, then why is the ban on music and not on both music and visual media?

CONCEPTS

1. Influence of music on children.

2. Definition of "serious bodily harm."

3. Individual needs vs. community needs.

4. Constitutionality of laws.

5. Burden of proof.

6. Credibility of witnesses

LAWS

1. Constitution of the United States, Amendment I — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. Communications Decency Act —No longer shall obscenity be posted anywhere on the Internet. Obscenity shall be defined as:

a. It must be prurient in nature.

b. It must be completely devoid of scientific, political, educational, or social value.

c. It must violate local community standards.

3. Child Musical Lyrics Protection Act — No longer shall music with lyrics pertaining to suicide, murder, or serious bodily harm be aired on public means of communication. Serious bodily harm shall be defined as:

a. Actions that result in life-threatening situations against one’s self or another.

b. It must be intentional in nature.

c. It must involve physical harm.

State of New Jersey v. Moe Carson

FACTS

Moe Carson, 33 years old, married, and a resident of the state of Ohio, is a professor at the Constitutional College of Ohio. He chairs an Agnostics Club on the college campus. He drives a black Honda Civic with a personalized license plate that says: 8 E IST. The Ohio license plate also has printed on it the Ohio state slogan, "With G-d* all things are possible." Not believing in G-d, he found it hypocritical to drive a car displaying this slogan. He covered it neatly with duct tape. No other identifying numbers or letters were covered.

On June 13, Moe Carson was on vacation visiting his relatives in New Jersey. He drove to a 7-11 store on Fairbridge Road in Ocean Township in order to purchase some milk. At 9 a.m., upon exiting the store, he observed a police officer, Paul Eece, examining his license plate. Paul Eece was at the 7-11 store responding to a shoplifting call. The officer warned Mr. Carson that it was against the law to have the tape on his license plate, and that he would receive a ticket if he did not remove it. Moe Carson replied that he felt it was his constitutional right not to display something in which he did not believe. The officer then wrote a ticket. Moe Carson became very upset and agitated. Officer Paul Eece informed Moe Carson that he could fight the ticket in court. Still very upset, he finally took the ticket, got in his car, and drove away.

Officer Paul Eece, member of Ocean Township Police Department

Dee M. Vee, commissioner of the Department of Motor Vehicles

My name is Dee M. Vee. I have been the commissioner of the Department of Motor Vehicles for 10 years. I specialize in laws regarding license plates and am familiar with all the laws that apply to this case. New Jersey statute #39:3-33 states that "all identification marks shall be kept clear and distinct and free from grease, dust, or other blurring matter, so as to be plainly visible at all times of the day and night." Traffic law 39:3-33 also states that "no part of the license plate can be altered or defaced or duplicated." This law applies equally to all drivers in New Jersey.

This law is there to prevent the misidentification of cars. Since some license plates are so similar in color or