1. Students and the Law
Chapter 3
Sarah Bell

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

3. 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

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

5. 1980’s
Authority given back to school officials regarding students’ freedom of expression

6. 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”

7. 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

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

9. 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

10. Students’ Rights
Extend throughout; not limited to only classroom

11. Final Ruling
Reversed
Transferred to Supreme Court

12. 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

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

14. 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

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