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Surey Rios Section Two: Student Rights

State governments mandate that all persons living within their jurisdiction receive a
compulsory education until they attain a certain age. This means that a significant portion of a
young persons life is spent in school pursuing knowledge. Schools have a very important
function in society; students not only learn subjectrelated concepts! they also develop emotional!
social! and civic skills. Students do have civil rights while at school. "owever! the e#ercise of
those rights must not interfere with the school policies that establish and maintain order and
discipline. $n other words! a student may e#ercise their Second %mendment right to bear arms in
their homes! but they cannot do so within school grounds. &umerous civil rights cases have
taught schools! students! legislators! and courts many lessons. 'ue to this! there are established
criteria to determine if schools have violated students constitutional rights.
$n Tinker v. Des Moines ()*+*,! the Supreme -ourt cited the .ree /#ercise -lause to
surmise that students rights to nondisruptive passive e#pression were violated after being
suspended for wearing black armbands objecting the 0ietnam 1ar. The -ourt opined! 2.irst
%mendment rights applied in light of the special characteristics of the school environment are
available to teachers and students.3 $n other words! students or teachers do not 2shed their
constitutional rights to freedom of speech or e#pression at the schoolhouse gate.3 -onversely! in
the case of Bethel School District #43 v. Fraser ()*4+, the Supreme -ourt reversed the lower
courts rulings and sided against .rasers right to free e#pression. %ccording to the Supreme
-ourt! 2the determination of what manner of speech is inappropriate properly rests with the
school board. .irst %mendment jurisprudence recogni5es an interest in protecting minors from
e#posure to vulgar and offensive spoken language.3 .rasers se#ually e#plicit speech not only
violated the schools 2disruptive conduct rule!3 it also offended females! both minors and adults;
and interfered with the educational process.
Surey Rios Section Two: Student Rights
$n San Antonio Independent School Dist. v. Rodrigue ()*67,! the Supreme -ourt held
that 2education is not a right protected by the -onstitution.3 8et! due to the length of time a
person partakes in compulsory 9): education! it can be considered a proprietary right. This is
why the Supreme -ourt in !oss v. "ope ()*6;, entitled students to due process. $n the class
action lawsuit! <hio students were suspended for )= days without a hearing. The Supreme -ourt
determined that students facing disciplinary action that would prevent them from attaining an
education (i.e.! suspension>e#pulsion, must first be told what they are accused of doing and the
basis of the accusation in an informal setting (or formal setting depending on the severity of the
infraction,. 'uring the hearing! students need to be given an opportunity to e#plain their version
of the facts.
The right to privacy! like the right to an education! is not an amendment in the
-onstitution! but it is infused within the .irst! Third! .ourth! .ifth! &inth! and .ourteenth
%mendments as a protection against governmental invasions of 2the sanctities of a man?s home
and privacies of life3 (@ustice Arandeis?s dissent in #l$stead v. %. S. ()*:4,,. <n the other hand!
the Supreme -ourt has held that 2students have a reduced e#pectation of privacy in school.3 $n
the case of &e' (erse) v T.".#. ()*4;,! the -ourts found that school officials! in maintaining an
environment in which learning can take place! do not need probable cause or a warrant before
searching a student! only reasonable suspicion. .urthermore! students participating in
e#tracurricular activities can be asked to participate in random drug tests without violating their
.ourth %mendment rights to privacy! according to the Supreme -ourt rulings in *eronia School
District v. Acton ()**;, and Board o+ ,ducation o+ Independent School District #-. o+
/otta'ato$ie 0ount) v. ,arls (:==:,.

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