Status, Rights & Obligations of Children ~ the evolving conception of children’s rights Coun 150 – Laws Relating to Children Richard M. Cartier Class 3

Who speaks for the child? 3 themes of U.S. Supreme Court cases: Traditionally, parents are primarily responsible for the care and rearing of their children. The state will intervene in certain instances to ensure adequate parenting. In some contexts, children have rights that can be asserted against the wishes of the family or the state.

Two Important Doctrines Permit State Intervention Parens patriae – the government protects those who cannot protect themselves Police power – the government acts to protect public heath, safety and the general welfare

Constitutional Due Process 5 th Amendment / 14 th Amendment Substantive Laws must be fair Laws must be capable of being understood Procedural Notice and opportunity to be heard

Two Landmark Cases Meyer v. Nebraska – Can state prohibit instruction in the German language? Pierce v. Society of Sisters – Can the state make school age children attend public schools?

Children’s Rights in School ~ First Amendment Cases Tinker Bethel v Fraser Hazelwood v. Kuhlmeier California: Leeb v DeLong; Lopez v Tulare Joint Union High School Morse v. Frederick Board of Education v Pico Flag salute / School prayer / Equal Access Act / School uniforms

Other Important School Cases Goss v Lopez Suspension / Expulsion California: Education Code § New Jersey v T.L.O. Two prong test for reasonableness Reasonable at inception Reasonable in scope Veronia School District v. Acton; Board of Education v. Earls

The Movement Toward “Children’s Rights” Prince Brown v. Board of Education Gault BUT Troxel