Straight Talk on Students' Rights
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Transcript of Straight Talk on Students' Rights
Straight Talkon
Students' Rights
Who are we talking about?
Pre-K through 12th grade
College students have more protections
Public school students
NOT private schools
On school property or at a school-sponsored event
For any long-term suspension(more than 5 days), the student
must be given notice of thesuspension and an opportunity
to present his or her sideof the story.
For any long-term suspension(more than 5 days), the student
must be given notice of thesuspension and an opportunity
to present his or her sideof the story.
Students do not "shed their constitutional rights . . . at the schoolhouse gate."
- Tinker v. Des Moines
Students' fundamental rights are weighed against the State's compelling government interests:
Education Civic Values
Safety In Loco Parentis
3-Way Conflict of Interests
Students
Parents Teachers
Government?
Students have the same rights
1st Amendment
“Congress shall make no law respecting an
establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or
of the press; or the right of the people
peaceably to assemble and to
petition the Government for a
redress of grievances.”
4th Amendment
“The right of the people to be secure
in their persons, houses, papers, and
effects, against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and
the persons or things to be seized.”
5th Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime. . . nor shall any person
be subject for the same offense to be
twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life,
liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.”
Freedom of Speech:Students vs. Schools
The Rule: Student speech can only be disciplined if it substantially disrupts a school function or educational purpose or interferes with another's rights
BUT Schools can reasonably restrict the time, manner, or place where speech occurs
AND Schools can regulatespeech that is or appearsendorsed by the school
Free Speech Cases
High School students wear black arm bands to protest a war
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant Klein v. Smith
Students refuse to salute flag or recite the Pledge of Allegiance
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant Klein v. Smith
Students refuse to salute flag or recite the Pledge of Allegiance Minersville School District v. Gobitis (1940), West Virginia v. Barnett (1943)
Student makes lewd innuendos during school assembly
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant Klein v. Smith
Students refuse to salute flag or recite the Pledge of Allegiance Minersville School District v. Gobitis (1940), West Virginia v. Barnett (1943)
Student makes lewd innuendos during school assembly Bethel School District v. Fraser
Student-run school newspaper runs article on teen pregnancy
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant Klein v. Smith
Students refuse to salute flag or recite the Pledge of Allegiance Minersville School District v. Gobitis (1940), West Virginia v. Barnett (1943)
Student makes lewd innuendos during school assembly Bethel School District v. Fraser
Student-run school newspaper runs article on teen pregnancy Hazelwood School District v. Kuhlmeier
Student holds up “Bong Hits 4 Jesus” sign on school field trip
Free Speech Cases
High School students wear black arm bands to protest a war Tinker v. Des Moines
Student gives teacher the finger at a restaurant Klein v. Smith
Students refuse to salute flag or recite the Pledge of Allegiance Minersville School District v. Gobitis (1940), West Virginia v. Barnett (1943)
Student makes lewd innuendos during school assembly Bethel School District v. Fraser
Student-run school newspaper runs article on teen pregnancy Hazelwood School District v. Kuhlmeier
Student holds up “Bong Hits 4 Jesus” sign on school field trip Morse v. Frederick
Internet Speech Cases
Is there some connection between the speech and some school function?
Was it created on campus? Was it read/viewed on campus? Was it directed at the school, teacher, or other
student? Is the statement abusive?
More than just lewd or obscene
Is it likely to cause a disruption in school? More than just hurt feelings
Religions FreedomsParents vs. Schools:
Parents have the right to raise their children in their own sincerely held religious beliefs
Parents may choose not to send their students to public schools
Parents may not dictate the curriculum used at the public schools
Schools are allowed to expose students to religiously objectionable material, as long as the students or parents may opt out
What if the student chooses not to opt out?
Teachers/Schools may not show favoritism between religions
Search & Seizure:Schools v. Students
Police Officers need a warrant supported by probable cause (or a warrant exception) to perform a search
Requires objective probability of a crime being done by this particular suspect
School Administrators only need reasonable suspicion unless done at police officer's request
Little more than a hunch or anonymous tip that a student has broken some school
What about School Resource Officers?
Depends on who pays the bills
Is violation of a law or school rule?
Search & Seizure:Schools v. Students
Suspicion-less searches are sometimes allowed
Items found can then justify further searches based on reasonable suspicion
There must be some “Special Need” beyond criminal prosecution
Safety of students
Disruption of educational process
Types of Searches allowed:
Lockers (depending on the school's policy)
Drug dog sweeps of schools and students
Drug tests for students in extracurricular activities
Pregnancy tests (for student athlete)
2 Way mirrors in bathrooms
Video surveillance of locker rooms
Pat down of clothing
Nude searches by same-sex administrators
Search of cell phone contents
Right to Remain SilentSchools v. Students
Teachers are not required to give students Miranda warnings, or even contact an adult before questioning a student
Unless done at police officer's request Miranda only applies topolice officers
Doesn't apply toProbation OfficersParole OfficersTeachers/Administrators
School Discipline &Criminal Prosecution
Lower protections for students lead to higher number of student prosecutions (as juveniles or adults)
How it works:
1) Principal does a Reasonable Suspicion search and/or questions student without Miranda warnings
2) Principal hands off evidence to police officer (sometimes stationed in the school already)
3) Police Officer & Prosecutors use the evidence to support criminal charges
The Problem: Prosecutors may not have had access to that evidence if the police had done the investigation with Probable Cause and Miranda restrictions
Questions?