Students and the Law Chapter 3 Sarah Bell

School Legal Issues Prior to 1970’s, courts upheld school authority Constitutional rights extended to students?

1975 Court decided students possess liberty and property interest in education Following this ruling, federal statutes started to expand the scope of student’s rights

Students Challenging School Policies Period occurred when students challenged school policies Students usually successful Schools perceived as erosion of their authority

1980’s Authority given back to school officials regarding students’ freedom of expression

Examination of court decisions Must be able to “balance students’ constitutional rights against duty of public school officials to maintain an appropriate environment for learning and safety”

Tinker v. Des Moines Independent Community School District; 1969 Voiced objection against Vietnam; support for truce by wearing black armbands When found out, school developed policy against armbands Expelled from school Complaint filed by fathers Dismissed by District Court

District Court Dismissal Upheld school authorities Reasonable to prevent disturbance of school discipline Issue: “Pure Speech”- First Amendment

Evidence NO evidence of students’ interference or disruption of school Only five out of 18,000 students in school system suspended Non-violent way of expression

Students’ Rights Extend throughout; not limited to only classroom

Final Ruling Reversed Transferred to Supreme Court

Supreme Court Decision Agreed to protect speech; fear of disturbance not enough HOWEVER, students do not need to take it upon themselves to be “prophets” Felt other students throughout country being much more violent –pg. 114

Student Rights Protected by expression of social, political, and economic issues NOT insolence, disrespect, screaming, or cursing at staff members and other students

Other Instances West v. Derby Unified School District Bragg v. Swanson Student drew confederate flag on paper-denied due to district’s racial harassment or intimidation policy Bragg v. Swanson Confederate flag belt buckle- upheld because dress code banning flag overboard

Tinker and Private Schools Same civil rights not guaranteed through amendments in Fourteenth Amendment Public Schools operate under “Color of the State”