Student Rights

1. Student Rights BY: Alexis Stern, Mikey Thompson and Hao Pang

2. History of Student Rights • Freedom of Press- Hazelwood v. Kuhlmeier. This affects us because it tells us our boundaries on to what we can write in The Lance. • Search and Seizure-New Jersey vs. TLO. This relates to us because we have to be careful about what we have in school because our personal belongings can be searched. • Drug Testing-Vernonia School District 47J v. Acton. This is important, mainly to athletes, to not use drugs because they can be drug tested at any time.

3. Student Rights legal and Constitutional Significance • The Fourth  Amendment. However, New Jersey vs. TLO and Vernonia School District 47J v. Acton, show that these rights can be changed on school grounds. • The first amendment states our freedoms, including freedom of press and speech. Hazelwood v. Kuhlmeierand Tinker vs. Des Moines are two cases where these freedoms were challenged in schools.

4. Beliefs of Those Who Support And Oppose Student Rights • The US Supreme Court- in many cases about student rights that came to the Supreme Court, some judges believed that students have their rights and they should not be changed in schools. Others believed that student rights are subject to change in certain circumstances.

5. Current Status of Student Rights • Today, suits involving freedom of the press are still prevalent in the courts. Different topics are put in school newspapers very often, so a conflict from one of these articles could happen any day. • Search and Seizure- students are still being searched for various things that could harm others. • Drug Testing- students are still being tested for drugs. • In our school and most schools if you are suspected of drug use and play sports or are in certain clubs you can be drug tested at any time. • Also, teachers may send you to the nurse to be drug tested if you fall asleep in class or have suspicious behavior in class. • On page 50 of the student handbook, The Livingston School District describes Search and Seizure for our schools.

6. The Future of Student Rights • Since it is not a law violation to not let students write certain things in newspapers, students have to be careful with what they write to maintain their freedom of the press. • This also goes for search and seizure and drug testing because if people are suspected of doing drugs or have suspicious objects, they have the right to be searched and tested.

7. Hazelwood v. Kuhlmeier-in this case the Supreme Court stated that public school newspapers do not receive the same level of First Amendment press freedom protection as traditional newspapers, and may be censored by public school officials. • New Jersey vs. TLO: a student’s bag was search after being caught smoking. The student claimed that this was unconstitutional and violating her rights of the 4th Amendment against unreasonable searches. The US Supreme Court later ruled that it was reasonable under the 4th Amendment. • Vernonia School District 47J v. Acton: US Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Student athletes were required to submit to random drug testing before being allowed to participate in sports. The Supreme Court said that although the tests were searches under the Fourth Amendment, they were reasonable because of the school’s interest in preventing teenage drug use. • The Fourth  Amendment-gives us 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.