Friday, October 4, 2013

Santa Fe Independent School District vs Jane Doe

In 2000, a Texas school district allowed a student "chaplain" who had been elected by other students to lead a prayer over the public address system before home football games. Multiple students and parents sued the school anonymously for violating what is known as the Establishment Clause of the First Amendment, which states, "Congress should make no law respecting an establishment of religion, or prohibiting the free exercise there of"
The Supreme Court ruled against the school district. Even though the prayers were led by students, they were still a schooled sponsored activity. It is said that the Constitution says that schools are not to force on students the difficult choice between avoiding offensive religious rituals, or attending football games. Student, however, are allowed to pray at school as long as a teacher, principal, or coach is not involved.
 
Today, this affects schools by not allowing school officials to force one particular religion on their students. Your allowed to pray, wear specific kinds of clothing, etc. for your religion because of religious rights, but teachers, principals, coaches, etc. aren't allowed to force you or try and persuade you into performing religious rituals.

Thursday, October 3, 2013

New Jersey v. T.L.O

In 1985, a Freshman at Piscataway High School got caught smoking a cigarette in the school bathroom by a teacher. the teacher asked to see the girls purse. The teacher found cigarettes, rolling paper, and marijuana. the police were called and accused the student of selling drugs.
Her case went to trial and she was found guilty of possession of marijuana and placed on probation. The student appealed her conviction, claiming that the search of her purse violated her Fourth Amendment protection against "unreasonable searches and seizures." The court said the student  had "legitimate expectations of privacy." The cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the Court said, which justified further exploration.

 School officials now have the power to search student's property if they have a "reasonable suspicion" that a school rule has been broken, or a student has committed or is in the process of committing a crime. 

Today, students think just like the student at Piscataway high school. we think that teachers don't have the right to search without a probable cause. we believe we have the right of privacy as well. In reality, teachers can search if you are suspicious. 
 

Tinker vs Des Moines Independent School District


In December of 1965, three students wore black armbands to school in Des Monies, Iowa, to protest the war in Vietnam. They were suspended after refusing to take off the armbands. Their parents sued the school district claiming that their First Amendment right of freedom of speech had been violated.
 

The Supreme Court sided with the students and their parents. However, they do not grant students an unlimited right to self-expression. They said that the First Amendment guarantee must be kept at a balance between the schools need for order, and the act of self expression. As long as the students don't disrupt class work, school activities, or invade the rights of others, its acceptable. The court said that they didn't disrupt anything, so there was no reason to suspend them.

This ruling helped the supreme court with others like this one. In 1986, the Supreme Court upheld the suspension of a 17-year-old senior who gave a school speech containing sexual innuendos. The Supreme Court said that it is highly appropriate for a school to prohibit the use of vulgar and offensive speech in a public discourse. Lower courts have relied on the courts decisions in school attire allowing nose rings and dyed hair but not allowing a t-shirt displaying a confederate flag.

Today, this ruling allows people to dress how they please and say what's on their mind, but with limitations. For example, most schools let you wear whatever you want, as long as it fits the dress code, and say what's on your mind, as long as it doesn't offend someone else.