Student Rights:

1. Student Rights: What rights do students have once inside the schoolhouse door? Tinker v. Des Moines and New Jersey v. T.L.O.

2. What kind of rights do you have as a student? • Can you express unpopular political opinions while in school?

3. What kind of rights do you have as a student? • Can administrators search your book bag or purse without a warrant or probable cause?

4. 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?

5. 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?

6. 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?

7. What kind of rights do you have as a student? • Can middle school students be strip searched without a warrant?

8. Constitutional Law • All these questions have been brought before the Supreme Court.

9. The Supreme Court’s Tools for Shaping Policy The Supreme Court shapes policy in 3 ways: • Judicial Review • Interpreting Laws • Overruling its previous decisions

10. 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

11. Interpreting Laws • Congress uses broad language when writing laws • The Supreme Court determines how the law applies in specific cases

13. Overturning Decisions • Supreme Court decisions create a precedent, a general rule or model • A new precedent is set when the Supreme Court overturns a previous decision

14. Tinker v. Des Moines Student Freedom of Expression 1969

15. 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

16. 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

17. Argument for Des Moines • Schools have to maintain a safe & orderly learning environment • Armbands were a potential threat to the school environment • Prohibiting the armbands was reasonable

18. 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.

19. 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

20. New Jersey v. T.L.O. Student Search Rights 1985

21. 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

22. 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

23. New Jersey’s Argument • It 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

24. T.L.O.’s Argument • The 4th amendment protects students from unreasonable search & seizure • The school needed a warrant or probable cause • Students have a right to privacy

25. 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”

26. 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

27. So what rights do students have?

28. 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.

29. What kind of rights do you have as a student? • d of the press? In chool admstrators could censor a school sponsored newspaper.

30. What kind of rights do you have as a student? 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. • Can administrators punish you for expressing opinions if you are off school property but at a school sponsored function?

31. What kind of rights do you have as a student? In Board of Education v. Earls, 2002 the Supreme Court declared that students involved in extracurricular activities can be randomly tested for drugs. • Can the school conduct drug tests on members of the football team and chess club?

32. 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

33. Pop Quiz 1. 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

34. Pop Quiz 3. 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

35. Pop Quiz 5. 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.