Students, as United States citizens, expect protection of Constitutional rights. However, most do not realize that this coverage does not extend to condone any act the individual sees fit. There are certain limits, especially on those attending public schools. A student has certain rights including, but not limited to, the right to free speech and expression, the expectation of privacy, and freedom to practice religious freedom in assembly. These limits exist to ensure that not any one student can compromise another's’ pursuit of education. The Constitution of the United States guarantees freedom of speech and expression in the Bill of Rights. This extends to all citizens of the United States, certainly including schoolchildren. However, …show more content…
In the Supreme Court case New Jersey v. T.L.O. a student was caught smoking in the school restroom. Discipline was administered and her belongings were searched. Eventually a case was made that the school had compromised her privacy. The Supreme Court eventually ruled that in a school setting it is impractical to require the acquisition of a warrant each time a search is necessary. However it is unfounded to initiate an arbitrary search, there must be evidence of probable cause for a search to be just. Students expect religious beliefs to be protected, and they are. It goes back to the grounds of being non-disruptive. In the Supreme Court, West Side Community Schools v. Mergens it was decided that school can allow a club without supporting it necessarily. The Constitution cannot make a law restricting the practice of freedom of religion. All in all, if a school allows any interest clubs, they are not allowed to prohibit them. Rights are not “shed” when attending schools. Attending school is different than living as a citizen. There are no set in stone rules on where exactly the lines are drawn on rights, in most cases it is a judgment call. School is a learning environment and if that is compromised by your rights then restraints may be put on your
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
School officials can conduct a warrantless search if a student has evidence of illegal activity or is doing an activity that interferes with school order and discipline. The court changed the ruling on T.L.O. because they said that just having the cigarettes didn’t violate school rules, so they didn’t have a justifiable reason to search her purse. When the Case went to the Supreme Court, they were supposed to decide if evidence that is unlawfully taken by a school official can be allowed as evidence in a Juvenile Court proceeding. It was argued on March 28, 1984 and on October 2, 1984. They ruled on January 15, 1985.
The First Amendment rights of Alex were violated because the school went against his belief of religion and did not allow him to express it. The school administrator tampered with Alex’s First Amendment rights. Quoting from the Bill of Rights, “Congress shall make no law respecting an establishment of religion, or
Freedom of speech must always be used to an extent. We may not allow students in schools to say whatever they please without any consequence. Also, as we are siding with the Tinkers, we must not send the wrong message to students. We are not displaying that whenever a student has a stance, to go against the school’s government and to make this a national ordeal.
The test that the Supreme Court uses to determine if individual rights and the common good is balanced in the case of " Acton v. Vernonia School District" is whether the government outweighs the privacy of the the person or vice versa. The time is during school so between the hours of seven am to eight pm if you count different extracurricular activities. The place is on any government ground which at all times, school is government property. If there is any threat on government property that involves a student 's learning and could be potentially hindering it, the government interest starts to become more heavy than privacy. An unreasonable search and seizure would be for example if a school facility member overheard some students talking about a person, let 's say this person 's name is Susan.
Rule: The Court held 5-4 that no the First Amendment does not prevent educators from suppressing, at or across the street from a school-supervised event, student speech that is reasonably viewed as promoting
Some people at Webb City High School would be very angry to find out that they will no longer be allowed to participate in extracurricular activities due to their grades. The students who really want to play sports though would get into gear and get their grades up to prove that they deserve to play. What is a School without education? Pointless. Other people in the community believe that the “C rule” is not fair for the people who do not participate in any extracurricular activities because they will not be being punished.
The First Amendment says that we are in tiled to your own freedom of speech even as a minor. In schools the teachers are trying to limit what students can say, do, or wear. There should be some restrictions placed but not as many as there are. It should stay where students have freedom of speech because it opens students up for more opinion in the class and on there work. It also lets students feel like they are not being controlled by someone.
1st Amendment and the College Campus Have you ever wondered why some college campus protests are shutdown even though the first amendment is in place? The first amendment does not always protect in every situation. The first amendment wasn’t enforced much until the 1960’s and 70’s, when the anti-war and gender equality protests first started. College campuses have a right to impede on the first amendment if it is restricting someone else’s rights. In many cases some protesters will block off an entrance to an event or will start to harass people walking past.
In public I can speak or express my feelings minimal restrictions. As for in a school zone I am not always available to do so. This where the amendment does not have 100% full affect. It has restrictions as to where you are, what you say, and what actions are taken after saying these things. There are plenty of restrictions as to what i can say, talk about, or wear.
It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches and it becomes a controversial problem for all. The use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school and school search did not go against the Fourth Amendment, which is the right of people to be secure in their personal spaces houses and papers. While drug dogs are becoming more and more commonplace in our public schools and to maintaining a drug-dog program can cost district estimates $12,000 and $36,000 every year. Drug dog must go through a long period of time of training and drug dogs are not dangerous to people, but instead it protects people. Without reservation, we must know the history background, advantages, and disadvantages of having a drug dog searches.
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
T.L.O. Vs The State of New Jersey Persuasive Essay This is a case about a High School student’s Fourth Amendment rights being violated. The Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Do students have a right to personal privacy when caught breaking school rules?
Censorship Censorship in schools may not be the best choice for enriching the future minds of the United States of America. Children of the United States of America should have the right to learn about anything for it is there amended right. Taking knowledge away from them and censoring it should not be the answer to keeping our Children pure it should be what we teach our kids. We need to teach them right and wrong that is what will keep our child’s mind pure. Many books are being taken off shelves every day in student libraries because a couple people do not think that the book is suitable for children.
The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.