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Student Rights:
What rights do students have once inside the
schoolhouse door?
Tinker v. Des Moinesand
New Jersey v. T.L.O.
What kind of rights do you have as a student?Can you express unpopular
political opinions while in school?
What kind of rights do you have as a student?Can
administrators search your book bag or purse without a warrant or probable cause?
What kind of rights do you have as a student?
Are student newspapers protected by the rights to freedom of speech and of the press?
What kind of rights do you have as a student?
Can administrators punish you for expressing opinions if you are off school property but at a school sponsored function?
What kind of rights do you have as a student?Can the
school conduct drug tests on members of the football team and chess club?
What kind of rights do you have as a student?
Can middle school students be strip searched without a warrant?
Constitutional LawAll these questions have been
brought before the Supreme Court.
The Supreme Court’s Tools for Shaping Policy
The Supreme Court shapes policy in 3 ways:
1. Judicial Review2. Interpreting
Laws3. Overruling its
previous decisions
Judicial Review The Supreme Court
can examine the laws and actions of local, state, and national gov’ts and cancel them if they violate the constitution
Gained power through Marbury v. Madison
Interpreting LawsCongress uses
broad language when writing laws
The Supreme Court determines how the law applies in specific cases
Overturning DecisionsSupreme Court
decisions create a precedent, a general rule or model
A new precedent is set when the Supreme Court overturns a previous decision
Tinker v. Des Moines
Student Freedom of Expression
1969
The Situation 3 students planned a
protest against the Vietnam war
They decided to wear black armbands to school but were warned they would be suspended if they did so
All 3 wore the armbands and were suspended
Argument for Tinker The 1st amendment
guarantees freedom of expression
Students are covered by the 1st amendment
The prohibition against the armbands was discrimination because other political symbols had been allowed in school in the past
Argument for Des MoinesSchools have to
maintain a safe & orderly learning environment
Armbands were a potential threat to the school environment
Prohibiting the armbands was reasonable
Constitutional Issue & Decision
Constitutional Issue: Was the wearing of
armbands as a political protest in the public schools protected by the 1st Amendment?
Decision: The Supreme Court ruled
7 to 2 that student speech is protected as long as it is not disruptive.
Significance:The Tinker case
upheld and confirmed that students had the right to free expression as long as they do not violate the rights of other students or create a disruption
New Jersey v. T.L.O.
Student Search Rights
1985
Situation:T.L.O., a 14 yr old
freshman, was caught smoking & sent to the office
When she denied smoking her purse was searched
The administrator found cigarettes
Situation: He also found rolling
papers, marijuana, a pipe, a large amount of money, a list of people who owed the student money, & 2 letters indicating she dealt drugs
T.L.O. was charged by the police based on the evidence found in the search
New Jersey’s ArgumentIt was reasonable to
believe a search of the purse would show the student violated a school rule
Schools need broad authority to protect student safety & enforce discipline
T.L.O.’s ArgumentThe 4th
amendment protects students from unreasonable search & seizure
The school needed a warrant or probable cause
Students have a right to privacy
Constitutional Issue & Decision
Constitutional Issue: Does the 4th amendment
mean schools must meet the same standards as police when conducting student searches?
Decision: The 4th amendment
does apply to students BUT schools only need to be “reasonable”
Significance:New Jersey v.
T.L.O. established that students did have 4th amendment protections but that they were limited by the authority of the schools
So what rights do students
have?
What kind of rights do you have as a student?Can you express unpopular
political opinions while in school?
Tinker v. Des Moines says that students can express their opinions as long as it is not disruptive to the learning environment.
What kind of rights do you have as a student?
d of the press?
In chool admstrators could censor a school sponsored newspaper.
What kind of rights do you have as a student?
Can administrators punish you for expressing opinions if you are off school property but at a school sponsored function?
In 2007 in Morse v. Frederick the Supreme Court decided that administrators could limit student speech promoting drug use at a school event. Justice Thomas went further, declaring that students have no free speech rights in school.
What kind of rights do you have as a student?Can the
school conduct drug tests on members of the football team and chess club?
In Board of Education v. Earls, 2002 the Supreme Court declared that students involved in extracurricular activities can be randomly tested for drugs.
What kind of rights do you have as a student?
Can middle school students be strip searched without a warrant?
In Redding v. Arizona, 2009 Supreme Court has ruled that the strip search of a 13-year-old middle school student was unconstitutional
Pop Quiz1. To which branch of government does
the Supreme Court belong?
Judicial branch
2. What is the power of the Supreme Court to declare acts of the legislative and executive branches unconstitutional called?
Judicial review
Pop Quiz3. In which court case did the Supreme Court
interpret the “necessary and proper” clause of the Constitution?
McCulloch v. Maryland
4. What Supreme Court case established the precedent that freedom of expression is included in freedom of speech?
Tinker v. Des Moines
Pop Quiz5. What principle of democracy does the
Supreme Court use when it hears arguments to determine if a local public school violated the rights of a student?
Judicial review
6. Which Supreme Court precedent was expanded when the Supreme Court ruled that schools could drug test school athletes?
New Jersey v. T.L.O.
