Homework answers / question archive / Our client, the Baker Public School District ("Baker District"), located in the State of Anywhere, was recently sued in federal court by Lucas Matsen, a junior in high school who attends Liberty High School in the Baker District

Our client, the Baker Public School District ("Baker District"), located in the State of Anywhere, was recently sued in federal court by Lucas Matsen, a junior in high school who attends Liberty High School in the Baker District

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Our client, the Baker Public School District ("Baker District"), located in the State of Anywhere, was recently sued in federal court by Lucas Matsen, a junior in high school who attends Liberty High School in the Baker District. The Baker District suspended Lucas for wearing a T-shirt to Liberty with the image of a gun and the wording "Bring Your Gun to School Day - Tomorrow!"
Liberty's principal, Hillary Ross, testified at her deposition that within the past few months, the Baker District had experienced several "troubling episodes," including a lockdown at Liberty three months ago when a student brought a gun to the school as well as a school shooting at another high school within five miles of Liberty. In addition, one month ago, a "hit list" was found in the boys' locker room at Liberty, listing the names of ten students under a skull and crossbones figure.
After each of these incidents, Liberty noted increased absenteeism at the school. After the "hit list" was found, Liberty issued a written school policy (signed by all students and parents) that states that students may not wear clothing or other accessories to school that displays "symbols of violence." When Lucas wore the T-shirt described above, he was suspended for one week. Lucas, through his parents, has sued the Baker District, alleging it has violated his First Amendment freedom of speech rights. Lucas has not asserted that the policy is overbroad. At his deposition, Lucas testified that his T-shirt was a political message advocating support for the Second Amendment. How can I write a brief (or memorandum of law) in support of a motion for summary judgment that will persuade the U.S. District Court for the Anywhere District that Baker District did not infringe Lucas's First Amendment rights? The Anywhere District has no cases on point. Therefore, do not restrict your research to the law of any one district or circuit.
For purposes of this assignment, prepare an outline of the brief that you are going to draft for the final.  Determine whether the assignment is asking you to draft a Trial Court Brief or an Appellate Brief.  Figure out what sections your brief will need (as described in the chapter) and use those sections to organize your outline.  Do the research to find the standard(s) of law that will apply to your summary judgment argument -- that is, what elements does the plaintiff need to prove to show a violation of his first amendment rights and what elements is he unable to prove based on the facts in the record that therefore mean your client is entitled to summary judgment?  Organize everything into a rough outline of your brief.