This Weeks' Topic
Kids' Rights

Are the constitutional freedoms of kids protected when they're in school?

In high school social studies classes, students learn about the constitutional rights of all Americans. But those rights aren't absolute, and those very students give some of them up when they enter school.

It depends.  Contrary to popular belief, possession doesn't always determine ownership. 

Are the rights of kids limited in schools? For example, does a teacher or administrator have to have a search warrant to search an student?

 No warrant is required to search a student.  A  school official only needs a reasonable suspicion that the student has  drugs or a weapon in order to search.

What about locker searches?

Lockers in a school are considered the property of the school, not the student, so school officials can search them at any time, even without reasonable suspicions.

The student should be notified ahead of time and allowed to be present.

Are students allowed freedom of expression in school?

First Amendment Right of Speech is limited in a school in that it can't be disruptive, obscene or advocate illegal activities.

So students can wear shirts with political messages?

A student in Michigan was suspended for wearing a shirt critical of George Bush, but he won a lawsuit against the school.

Of course, the shirt can't be obscene or disruptive.

A student's right of privacy yields to the school's need for safety, and expression of speech is generally allowed as long as it is not disruptive.


Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


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