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Students' Rights Presentation


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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

  1. 1. CONSTITUTION DAY The Evolution of Students’ Rights from 1899 to 2010
  2. 3. Evolution of Students’ Rights <ul><li>1899 – First juvenile 1908 –court created in Chicago </li></ul><ul><li>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”. </li></ul>
  3. 4. Evolution of Students’ Rights <ul><li>Rules of the St. Croix Jail </li></ul><ul><li>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. </li></ul><ul><li>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. </li></ul><ul><li>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. </li></ul><ul><li>Just calmly wait ’til four o’clock; You know that comes ’round soon; And then you’re free from prison; Until the next forenoon. </li></ul>
  4. 5. Evolution of Students’ Rights <ul><li>Gerald Gault (1967) – Miranda applies to minors </li></ul>
  5. 6. Evolution of Students’ Rights <ul><li>Tinker v. Des Moines School District (1969) – First Amendment and Freedom of Expression applies to students </li></ul>
  6. 7. Evolution of Students’ Rights <ul><li>Olff v. East Side Union High School District (1972) - free expression at school - hair, dress codes, etc. </li></ul><ul><li>Ingraham v. Wright (1977) corporal punishment at school not unconstitutional </li></ul><ul><li>T.L.O. v. New Jersey (1985) reasonable suspicion to search at school </li></ul><ul><li>Acton v. Vernonia School District (1985) - random drug testing at school </li></ul>
  7. 8. Evolution of Students’ Rights <ul><li>Bethel School District v. Fraser (1986) - lewd speech at school prohibited </li></ul><ul><li>Lee v. Weisman (1992) - prayer at public school graduation ceremonies </li></ul><ul><li>Gebser v. Lago Vista School District (1998) - sexual harassment at school </li></ul><ul><li>Roper v. Simmons (2005) death penalty for minors is unconstitutional </li></ul>
  8. 9. Evolution of Students’ Rights <ul><li>Morse v. Frederick (2007) free speech at school does not include drug messages </li></ul><ul><li>Photo courtesy of Clay Good </li></ul>
  9. 10. <ul><li>Redding v. Safford Unified School District (2009) strip-search at school unconstitutional </li></ul><ul><li>Graham v. Florida (2010) - no life sentence without parole for minors in non-homicide cases </li></ul>
  10. 11. The Future of Students’ Rights <ul><li>Internet Free Speech Cases: </li></ul><ul><li>Doninger v. Niehoff (2007) - off-campus Internet speech in blog about school administration </li></ul><ul><li>“ 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.” </li></ul>
  11. 12. The Future of Students’ Rights <ul><li>Layshock v. Hermitage School District (2007) -fake MySpace profile of principal </li></ul><ul><li>Snyder v. Blue Mountain School District (2008) - fake MySpace profile of principal with sexual content </li></ul>
  12. 13. <ul><li>The classroom is peculiarly the “marketplace of ideas” and the “robust exchange of ideas.” </li></ul><ul><li>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) </li></ul>
  13. 14. <ul><li>For more information on students’ rights or any of these cases, go to . </li></ul>