Constitutional Bases for Business Regulation

The U.S. Constitution is the supreme law of the land. The first ten amendments to the Constitution are called the Bill of Rights. The amendments apply to individuals and most apply to business entities as well. Amendments 1, 2, and 4 are most frequently encountered by businesses.

Discussion:

Dave, a student at Desoto County High School, learned he received a D in Algebra II, which meant he would be required to attend summer school. While in the school library, Dave posted on Facebook that his Algebra teacher should be shot. Dave also posted a cartoon that showed the teacher's head on a bloody dead body hanging from a tree. Three days later, Dave's mother instructed her son to delete the content. Before the post was deleted, another student printed the post and showed it to the principal, who suspended Dave for the last month of school, but did not contact any law enforcement officials.   

• Determine whether Dave's statements are protected by the First Amendment
• Did the action by the school violate Dave's First Amendment rights? Provide at least one case to support your answer.
• Would the outcome of the case be different if Dave made the posts from a computer at his home? Explain.