1. Student Rights Speech Expression and Privacy

2. Unit Questions How far can school officials go in restricting student speech in the interest of school safety? What limits can school officials place on student speech that occurs off of school grounds? Is a student’s choice of dress protected by the 1 st Amendment? Is it constitutional for school officials to censor a school sponsored publication, such as a newspaper or a yearbook?

3. Student Rights v State Rights Education is not a fundamental right Students do have 1 st and 14 th Amendment rights Balancing responsibility ◦ Public schools respect the rights of the student ◦ Students respect their obligations to the state

4. Free Speech Tinker v Des MoinesSC 1969 Major Concepts http://www.rightsmatter.org/multi media/ or @ http://www.aclu.org/free- speech/mary-beth-tinker-40th- anniversary-landmark-free- speech-decision http://www.rightsmatter.org/multi media/ http://www.aclu.org/free- speech/mary-beth-tinker-40th- anniversary-landmark-free- speech-decision Facts Question Decision Rationale Students do not shed rights at the school house door Must have a reasonable forecast of substantial disruption

5. Free Speech Bethel v FraserSC 1986 Facts Question Decision Rationale

6. Student Speech Chandler v. McMinnville During the strike the district hired replacement teachers. Two students wore and distributed buttons that displayed slogans, “I am not listening scab.” and “Do scabs bleed?” The students refused to remove the buttons and were suspended from school for the remainder of the school day. They filed suit claiming violation of their free speech rights under state and federal constitution.

7. Morse v Frederick SC 2007 http://www.aclu.org/free-speech/morse-v-frederick-information- and-resources (video) http://www.aclu.org/free-speech/morse-v-frederick-information- and-resources http://www.msnbc.msn.com/id/17687386/ (video) http://www.msnbc.msn.com/id/17687386/

8. You be the Judge! Robert was a generally disruptive student who frequently skipped school. One day a community parade, celebrating a local war hero, was held. Part of the route went past the school. Robert, who skipped school that day, was photographed holding a sign across the street from the school during the parade that said ”Keep the Peace: Smoke Some Weed”. All of the students were allowed to leave school, to stand outside to see the hero go by. Many were encouraged to wave signs of support. His principal saw the photo in the evening newspaper, and suspended him for holding up the sign.

9. Areas of student speech that can be censored Obscene, lewd and vulgar Speech which can be reasonably forecasted to cause material and substantial disruption School sponsored

10. School Uniforms Canady v Bossier 5 th Circuit 2001

11. Student Publications Hazelwood v Kuhlmeier SC 1988 Diagram http://www.youtube.com/watch?v=a NtailTq5vA&feature=related http://www.splc.org/legalresearch.asp ?id=3 http://www.splc.org/legalresearch.asp ?id=3

12. Internet and Free Speech ConceptsCases Internet communication is ◦ Protected under the 1st Amendment ◦ More related to print than broadcast Internet as instruction Internet that has undesirable effect on school conduct Beussink v Woodland R-IV US District 1998 Wisniewski v Bd of Ed 2 nd Circuit 2007

13. Analysis of Internet law Student cyberspace created on campus that is lewd, vulgar, or profane may be prohibited Bethel Student cyberspeech created off-campus that constitutes a true threat to school safety and school operation may be prevented Tinker Student cyberspeech cases are increasingly subject to a court’s assessment restraint was exercised or punishment meted out after an assessment of the relevant facts by a reasonable recipient (school official) of the information.

14. Threat of Violence Doe v Pulaski US Court of Appeal 2002 Seventh grade student wrote a letter at home stating how he would rape, sodomize, and murder a female classmate who had previously broken up with him. The student did not send the letter, but his best friend found the letter in his room. He allowed his friend to read the letter. The friend took the letter, and gave it to the girl at school. Her friend reported it to the SRO, who conducted an investigation and informed the principal. The student was expelled. Did the District violate his 1 st Amendment rights when they expelled him?

15. Privacy: Search and Seizure Balance student right to freedom from reasonable search and seizure with school’s need to maintain order and protect health and welfare

16. 4th Amendment Enunciates and protects right of people to be secure in their person, houses, papers, and effects Protects from unreasonable searches and seizures Ensures that the search be specific, describing place to be searched and articles to be seized Ensures that a search cannot be instituted by government without showing probable cause, or evidence that the search is necessary Requires that a judge require government justification with evidence of need for the search

17. Reasonable Suspicion Reasonable suspicion ◦ Justified at inception Intrusiveness affected by age, sex, infraction Context - individualized suspicion

18. Questions: Inception of Search Could a principal threaten to call a parent to get a student to reluctantly, but voluntarily, empty his pockets producing a pipe and marijuana? Could a student be searched because he had been in a room with some items which then were missing, and later found in his possession? Could a principal search a locker because he knew the student was previously involved in drugs, and drugs were found in the locker? Could a principal search a student’s car if the student appeared to be under the influence – glassy eyes, flushed face, slurred speech, smelling of alcohol, and the search revealed cocaine?

19. Questions: Intrusiveness Can a principal search a boy’s calculator case because it had a bulge? Can school officials force a student to remove her jeans and submit to a visual search of her brassiere because she had ducked behind a car, and given school officials a false name?

20. Context of the Search A loosely articulated fact pattern, not related to a specific violation, is too vague to support reasonable suspicion Individualized suspicion is required- cannot do a wide search of groups of students without specific knowledge of rule violations by any particular student(s)

21. Canine Strip Metal Detector Searches Canine Strip Metal Detector Locker

22. Liability Evidence could be excluded from criminal proceedings Student can bring action for damages if officials maliciously deny student’s constitutional rights Qualified immunity generally protects officials from liability if conduct does not violate clearly established statutory or constitutional rights that reasonable person would have known about

23. Cases New Jersey v TLOSC 1985 Vernonia v ActonSC 1995 Pottawatomie v EarlsSC 2002 Cornfield v Consolidated 7 th Circuit 1993 J Iowa v JonesState SC Iowa 2003 Phaneuf v Fraikin 2 nd Circuit 2006

24. You be the Judge! District conducted searches of randomly selected classrooms by having students exit the room leaving their belongings behind. School officials then search items left behind. One day they discovered a small amount of marijuana in a girl’s purse. She brought suit saying the search violated her 4 th Amendment rights.

25. You be the Judge! District conducted searches of randomly selected classrooms by having students exit the room leaving their belongings behind. School officials then search items left behind. One day they discovered a small amount of marijuana in a girl’s purse. She brought suit saying the search violated her 4 th Amendment rights.

26. Guidelines for Searches Students have a right to privacy Courts consider the magnitude of the offense and the extent of the intrusion Reasonable suspicion at the inception requires some evidence Search supported by specificity of the offense and particularized knowledge of location of contraband and identity of the student http://findarticles.com/p/articles/mi_qn4183/is_20041123/ai_n10064071/?ta g=rel.res2 http://findarticles.com/p/articles/mi_qn4183/is_20041123/ai_n10064071/?ta g=rel.res2