Student Rights and US Constitution

Student Rights and US Constitution

• The US Constitution guarantees certain rights to American citizens, but the question still remains of whether these are equally applied to students.
• The US Supreme Court has tackled this question with numerous cases, but it remains murky.
• The Supreme Court in Tinker v. Des Moines (1969) affirmed that high school students have the right to free speech, but upheld the ability of school administrators to restrict it when it disrupts the learning environment.
• This decision has been interpreted to mean students maintain some free speech rights, but it does not extend to situations where the speech is considered disruptive, offensive, or in violation of specific school regulations.
• The Supreme Court has also ruled that school officials can search students' belongings and require random drug tests without a warrant or probable cause, if reasonable suspicion exists. This has been a point of contention for many as it has been viewed as a violation of students' Fourth Amendment right against unreasonable searches and seizures.
• A 2011 Supreme Court ruling found that police in school violated a student's Fifth Amendment rights by not clarifying if they understood the right to remain silent.
• The implications of the Supreme Court’s decisions have been debated, as they may lead to an increase in police presence in schools. This has been a significant issue with regard to the growing “school to prison pipeline” and disproportionately impacts students of color.
• Corporal punishment, though banned as a form of punishment in the U.S. military in 1862 and outlawed by states in the 1970s, has been upheld by the Supreme Court for students in public schools.
• While 18 states in the US currently permit corporal punishment, it is more concentrated in the south; five southern states account for over 70% of cases.
• This practice continues to be a source of debate and concern given its disproportionate impact on students of color.
• It's a big challenge for schools without a clear answer; there's no real guidebook for educators on how to balance kids' rights with their teaching mission.