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Students’ Rights Cases

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1 Students’ Rights Cases
RIGHTS? WHAT RIGHTS?!? Students’ Rights Cases

2 Leandro v. NC Some school systems were saying that their test scores were low because we didn’t get enough money and rich districts had higher scores because of it (Think Jack Britt) State Court Judge Howard Manning ruled that all citizens have the right to an “adequate, not equal education” (right to an education is in NC Declaration of Rights) Adequate is measured by EOC scores…a level III or IV is adequate Schools like 71st are expected to get the same results as schools like Britt, but with less money

3 Tinker v. Des Moines School District (1969)
Students decided to wear black armbands to school to protest the Vietnam War after a school policy was adopted banning the armbands The students were suspended The Supreme Court decided that the armbands were a form of symbolic speech The majority opinion of the Supreme Court stated “it can hardly be argued that either students or teachers shed their constitutional rights of freedom of speech or expression at the school house gate.”

4 Engel v. Vitale (1962) A group of parents and students challenged the state of NY’s non denominational prayer that began every school day The prayer read “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.” The Supreme Court decided that prayer in school did violate the first amendment The majority opinion of the Supreme Court held that the fact that the prayer promotes a religion is sufficient to conclude it is in violation, even if that promotion is not coercive. Furthermore, the opinion held that the fact that the prayer is vaguely worded enough not to promote any particular religion is not a sufficient defense, as it still promotes a family of religions (those that recognize "Almighty God"), which is also a violation of the Establishment Clause.

5 New Jersey v. TLO Girl was smoking in the bathroom and got caught by the assistant principal Was searched for her cigarettes and the AP found wed instead Girl argued the search was bad because there was no warrant WE DON’T NEED A WARRANT IN SCHOOL Just need suspicion because we need t protect the safety of the whole, not the rights of the individual

6 Bethel School District v. Frasier (1986)
Steven Frasier was suspend for making an obscene speech in school while running for student government. “ I know a man who is firm…” Frasier appealed the 3 day suspension to federal court The Supreme Court ruled that Frasier’s speech violated the 1st amendment “Surely it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse," Chief Justice Warren Burger wrote for the majority. "A high school assembly or classroom is no place for a sexually explicit monologue directed towards an unsuspecting audience of teenage students."

7 Hazelwood School District v. Kuhlmeier (1988)
Kathy Kuhlmeier, editor of the school newspaper appealed the principal’s decision to censor the school paper because it contained an article about a student pregnancy and another student’s experience going through her parents’ divorce. The Court ruled that since the school paper was part of the curriculum it could be censored if it “goes against the mission of the school” which is to educate


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