Students' Rights Presentation
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Students' Rights Presentation



This is a brief overview of some of the landmark cases over the past century that have addressed students' rights at school.

This is a brief overview of some of the landmark cases over the past century that have addressed students' rights at school.



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Students' Rights Presentation Presentation Transcript

  • 1. CONSTITUTION DAY The Evolution of Students’ Rights from 1899 to 2010
  • 2.  
  • 3. Evolution of Students’ Rights
    • 1899 – First juvenile 1908 –court created in Chicago
    • The case of Hazel and Mabel Dresser and Freedom of Speech (Wisconsin) – the girls got in trouble at school for a poem they wrote that was published in the local newspaper. The poem compared their school to a jail and called it “Rules of the St. Croix Jail”.
  • 4. Evolution of Students’ Rights
    • Rules of the St. Croix Jail
    • You must shut your mouth at noontime;  you must shut it at recess;  You must keep it shut at morning; And all other times I guess.
    • When you get up to leave the room; Don’t take a friend along; You must not once quit working hard; Because you know that’s wrong.
    • Can’t even stop to tie your shoe; To blow your nose or cough; Don’t look up from your book at all; And don’t you dare to laugh.
    • Just calmly wait ’til four o’clock; You know that comes ’round soon; And then you’re free from prison; Until the next forenoon.
  • 5. Evolution of Students’ Rights
    • Gerald Gault (1967) – Miranda applies to minors
  • 6. Evolution of Students’ Rights
    • Tinker v. Des Moines School District (1969) – First Amendment and Freedom of Expression applies to students
  • 7. Evolution of Students’ Rights
    • Olff v. East Side Union High School District (1972) - free expression at school - hair, dress codes, etc.
    • Ingraham v. Wright (1977) corporal punishment at school not unconstitutional
    • T.L.O. v. New Jersey (1985) reasonable suspicion to search at school
    • Acton v. Vernonia School District (1985) - random drug testing at school
  • 8. Evolution of Students’ Rights
    • Bethel School District v. Fraser (1986) - lewd speech at school prohibited
    • Lee v. Weisman (1992) - prayer at public school graduation ceremonies
    • Gebser v. Lago Vista School District (1998) - sexual harassment at school
    • Roper v. Simmons (2005) death penalty for minors is unconstitutional
  • 9. Evolution of Students’ Rights
    • Morse v. Frederick (2007) free speech at school does not include drug messages
    • Photo courtesy of Clay Good
  • 10.
    • Redding v. Safford Unified School District (2009) strip-search at school unconstitutional
    • Graham v. Florida (2010) - no life sentence without parole for minors in non-homicide cases
  • 11. The Future of Students’ Rights
    • Internet Free Speech Cases:
    • Doninger v. Niehoff (2007) - off-campus Internet speech in blog about school administration
    • “ Jamfest is cancelled due to the douchebags in central office – here is a letter to get an idea of what to write if you want to write something or call her to piss her off more.”
  • 12. The Future of Students’ Rights
    • Layshock v. Hermitage School District (2007) -fake MySpace profile of principal
    • Snyder v. Blue Mountain School District (2008) - fake MySpace profile of principal with sexual content
  • 13.
    • The classroom is peculiarly the “marketplace of ideas” and the “robust exchange of ideas.”
    • Students and teachers don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” – Tinker v. Des Moines Independent Community School District (1969)
  • 14.
    • For more information on students’ rights or any of these cases, go to .