Determine whether Mitchell’s statement and resulting actions by the school violate the First Amendment.
Scenario 1: Jurisdiction and Choice of Law.
Three friends from Florida were going cross-country skiing in Michigan. Shirley, the first skier came to a stop sign on the trail, waved at her companions and stopped. Jackie, the second to approach, was going too fast to stop, veered to the left and tripped over a log. Jane, the third skier was going so fast she clipped Shirley’s skis, fell over Jackie and slammed into a tree. Jane broke bones in her right arm and leg, which required surgery to repair the injuries. Jane filed a lawsuit against Shirley and Jackie in a trial court in Florida, claiming that each of her friends was liable to her for their negligent skiing. A Michigan statute specifically stated that snow skiers assumed the risks associated with skiing. Florida law did not contain an assumption of the risk rule regarding skiing. The two defendants made a motion for summary judgment.
Does Michigan or Florida law apply to this case? Explain
Scenario 2: Constitution
Paul Mitchell, a student at Raleigh Egypt Middle School learned he received a “D” in his history class, which meant he would have to attend summer school. Mitchell posted on Facebook that his history teacher and the principal should be shot. Mitchell also posted a cartoon that showed the teacher’s head on a body that had been mutilated. Mitchell’s mother instructed her son to remove the post, but he refused. The principal suspended Mitchell for the last month of school and contacted the police.
Determine whether Mitchell’s statement and resulting actions by the school violate the First Amendment. Provide support your answer.
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