“I now believe the world can change and that anyone can make a difference by speaking up” - Fabiola Diaz Lopez

Before joining SVUDL, Downtown College Prep El Primero senior Fabiola Diaz Lopez struggled to express herself, often stuttering and mumbling, uncertain that her opinions were worth listening to – but through Speech and Debate, she gained immense confidence. This newfound ability allowed her to actively engage in civic matters, including contacting legislators and advocating for issues she’s passionate about in the world.

Fabiola first got involved with SVUDL during her freshman year of high school during distance learning. Her theater teacher encouraged her to join. Initially, she joined the small Speech team and later transitioned to Policy Debate. Her involvement grew as she took on leadership roles in her school’s club, helping it expand significantly, coaching new members, and organizing fundraisers.

Fabiola remembers her first year in debate was during the transition from quarantine. Debates were still fully online. “My team would get together at school on Saturday mornings and do all sorts of shenanigans between rounds. We’d play Mario Kart on the projector, explore the empty school, and terrify our teachers. My first tournament landed on my birthday, and I remember the club quickly decorating the classroom while I was in the bathroom and surprising me with cake! I have countless cherished memories with these people. The bonds I formed and the collective achievements of our team are moments I hold dear,” she recalled.

Fabiola underscored the new opportunities she was given expanded access to through SVUDL.  One extraordinary moment was participating in the Mightier collaboration event with Newsweek and NAUDL in NYC. She got the chance to showcase her skills on a national stage.   

Fabiola recognizes that SVUDL changed her perspective on her life. “SVUDL transformed my ability to communicate effectively, enabling me to find and refine my voice. It burst the bubble I grew up in, exposing me to a broader world of policies and their impacts. It taught me about the complexities of societal issues and the importance of civic engagement. This expanded perspective has been invaluable, allowing me to see beyond my immediate community and understand the larger implications of decisions and actions,” she reflected.

Unfortunately, this past year has also been hard for Fabiola. She had to pause her participation in Speech and Debate for her mental health, and she believed at that point in time that it might be the end of SVUDL for her. 

But that wasn’t the case. “I am grateful for the enduring support and kindness I've received from SVUDL. They never gave up on me and continued to encourage and remind me that they truly care about my well-being and growth outside of debate. I’m deeply grateful for this unwavering support from the community,” she emphasized.

SVUDL instilled in Fabiola a sense of purpose and the ability to advocate for what she believes in. “As the stereotype goes, Gen Z is depressed and hopeless about the world. ‘Doomerism’ as they call it. Participating in SVUDL has helped to challenge my pessimism. I now believe the world can change and that anyone can make a difference by speaking up,” she urged.

Fabiola is grateful to be done with the college application process. “I’m going to college! It still feels unreal. I’ll attend De Anza College in the fall, majoring in Global Studies. I would have never realized my passion for understanding and addressing international issues were it not for SVUDL,” she said. “The skills I’ve gained through my time with SVUDL—critical thinking, effective communication, and the ability to engage in constructive debates—are priceless skills I will carry with me through college and beyond. I know that whatever is next in store for me, I’m ready.”

“I liked being able to feel like I’m in the shoes of a lawyer.” - Ria Tyagi

The SVUDL Moot Court 2024 Showcase was a fantastic opportunity for SVUDL students to prepare and argue a case before a distinguished panel of judges, including: Hon. Michelle T. Friedland, Judge, U.S. Court of Appeals for the Ninth Circuit; Hon. Cynthia C. Lie, Associate Justice, California Sixth District Court of Appeal; and Hon. Charles E. Wilson, Associate Justice, California Sixth District Court of Appeal.

SVUDL's Professional Access & Mentoring program offers this event as a chance for students to broaden their horizons and networks as they continue to unlock their full potential.

Students had been working intensively for weeks to prepare for the Moot Court Showcase through collaboration with coaches and practicing and retired attorneys in advance of the Showcase where esteemed judges would be observing and interacting with them during the event.

The fictitious town of Acorn, California, was the setting for this year's Moot Court case.  At the core of the arguments was a pretrial motion of defendant Casey Davidson facing a felony charge of first degree murder.  The question at the heart of this debate was whether or not it is a permissible search under the Fourth Amendment for the government to obtain routinely collected GPS location data from a third-party GPS provider.

SVUDL Board Member and DLA Piper’s Deputy Managing Partner Carrie Williamson opened the Showcase with a brief speech about how this moment in time would foster an environment in which SVUDL students would be exposed to new goals.  She remarked how SVUDL’s mission folds naturally into the signature pro bono project of the firm -- advancing education’s promise.

Program Specialist and SVUDL alum Najma Ali then shared how she participated in almost every opportunity SVUDL offered when she was a high school student, and how that sparked her interest in a legal career. She will be entering the University of San Francisco School of Law in the fall.

SVUDL Coach and Program Specialist Kwodwo Moore spoke about how powerful this pre-trial motion was for the fictitious case given the weight of that particular evidence to the overall case.

SVUDL students Hilda Huynh (Independence High School) and Michelle Ly (Silver Creek High School) served as defense counsel and students Ria Tyagi (Mount Pleasant High School) and Isabel Reinke (Independence High School) served as prosecution.

Much of the moot court arguments centered on whether the 4th Amendment and/or Third Party Doctrine apply to this motion. Students argued about whether GPS data is considered property under the 4th amendment:  the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Third Party Doctrine says there is no expectation of privacy in information voluntarily provided to others.

Passionate and lengthy discussions followed about the difference between putting a physical device on a car compared to GPS data via the car’s own technology or GPS data on a mobile phone.

Interesting exchanges occurred between the students and the judges about digital information. Can the government rightfully take private information from consumer devices?  Did the defendant know his car had a GPS device in it?

Arguments ensued around what it means when a GPS company says data tracking and storage is used to improve their products.  Should that translate to also giving the defendant’s information to the government?  Whose information is it?  The defendant’s or the government’s?

Conversations centered around the fact that the GPS couldn’t be turned on or off.

Should the government be able to access this information – and does that depend on how “voluntarily” sharing that information is defined here?  What about a warrant? Is it required for this type of search?  Should the government have access to someone’s daily routine and lifestyle? And be able to track it without a warrant?

 Does using a GPS to navigate mean you know they are storing this information somewhere? Is there an expectation of privacy or does the user assume the risk that their information would get shared?

The judges evaluated the students on the quality and persuasiveness of their presentation, as well as their unscripted responses to spontaneous questions from the bench. The judges spoke about how students are able to improve their skills by experiencing opportunities such as Moot Court. They made a point to express how they couldn’t imagine having done this exercise in high school themselves!

The judges shared appreciation for the students’ time, effort and energy. They noted how hard it would be to listen to their difficult legal questions under such pressure and be able to respond so well, including having the self-confidence to ask for a question to be repeated as needed.

Judges gave their decision at the end which was to vote to deny the motion because up until 2018, the Third Party Doctrine was applicable, and if the government was getting data from a third party, then that negated any expectation of privacy.

The judges shared how facial recognition is now a changing issue with the expectation of privacy. When you turn your face and biometric information over, at some point, the government might say you gave it up. They posted a question:  if AI is changing the forefront of technology, is there a reasonable expectation of privacy now?

The students appreciated having the chance to participate in the Showcase. “I liked being able to feel like I’m in the shoes of a lawyer,” reflected Ria Tyagi. "Being able to experience Moot Court opened up a new world of law and public speaking that I had never known before,” noted Hilda Huynh.

Thank you to DLA Piper for hosting this event at their beautiful new Palo Alto offices. We also extend our deepest gratitude for the attorneys and judges who helped make this event such a tremendous success.