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Ch. 3 Students and the Law

Tinker v. Des Moines (1969) U.S

·             Student freedom of expression

o       Student has the right of political freedom of expression

o       Involved the wearing of armbands by students in protest of Vietnam War

o       Expression of social, political, and economic issues by high school and junior high school students.

Bethel v. Fraser (1986) U.S

·        Nonpolitical Speech

o       Tinker does not prevent schools from punishing lewd or indecent speech.

Hazelwood School District v. Kuhlmeier (1988) U.S

·        Freedom of expression in Student Publications

o       Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech.

o       Schools can edit student articles

o       Schools have pedogical reasons to edit student speech in student publications

Sherman v. Community School District (1992) 7th US Circuit Court of Appeals

·        Participation in Patriotic Exercises – Pledge of Allegiance

o       Students do not have to participate in the pledge on political or religious grounds

o       Upheld the words, “under God” in the Pledge of Allegiance.

Goss v. Lopez (1975) U.S.

·        Suspension

o       Some Due Process rights guaranteed by the Fourteenth Amendment

o       Students facing suspension should at a minimum be given notice and afforded some kind of hearing.

Gonzalez v. McEuen (1977) Calif. District Court

·        Expulsion

o       In California, can’t use recess or lunch for detention

o       Students must be represented by an outside party

o        Notice of expulsion hearing, to be adequate, must communicate to the recipient that nature of the proceedings, and a statement, not only of the specific charge, but also of the basic rights afforded to the student as per the Education Code.

Allen v. Casper (1993) Ohio

·        Private School Expulsion

o       Due process does not apply to private schools.

Ingraham v. Wright (1977) U.S.

·        Corporal Punishment

o       Administration of corporal punishment does not violate the Eighth Amendment

o       In the absence of legislation to the contrary, teacher may inflict corporal punishment. 

o       More than half of the states, including California, do not allow the practice of corporal punishment.

o       Not in California

o       California suspension of students is 5 days at time max.

Jeglin v. San Jacinto  Unified School District (1993) California

·        Prohibiting the wearing of certain clothing

o       Schools can prohibit the wearing of clothing with writing, pictures, or any insignia that identified a professional or college sports team

o       Doesn’t violate students’ free speech rights

o       Gang presence was intimidating students and faculty

New Jersey v. TLO (1985) U.S.

·        Student Search

o       In the instant case, a search of a 14-year-old high school freshman’s purse after she denied having smoked in the lavatory, and after her companion confessed to the principal that she had been smoking, was reasonable under the circumstances.

o       School officials need not obtain a warrant before searching a student under their authority.

Palmer v. Merluzzi (1989) 3rd District Court of Appeals

·        Legal Status of Extracurricular Activities

o       Extracurricular activities are not a constitutionally protected property interest

o       HS sr. busted for drinking beer and smoking pot at school. Principal first suspends him for 10 days from school but then wanted to do more so he kept him from playing sports for 60 days.

o       Student appeals claiming no due process.

o       School did not violate the Equal protection Clause of the 14th Amendment

Beeson v. Kiowa County (1977) Colorado

·        Married Students participating in Athletics

o       Gender Equality – Title 9

o       Privacy Issues

o       Married students must be allowed to participate in extracurricular activities.

o       School Board violated the equal protection clause under the 14th Amendment.