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Friday, November 6, 2009
School cases day 2 notes A principal suspended a large number of kids for being involved in a food fight at their school, Marion-Franklin High School. Nine of those students argued that this was unconstitutional and brought it to the courts. They argued that they were not given Due Process which was under the 14th amendment. According to Ohio Law, the school principal was allowed to suspend students for a maximum of 10 days or they should expel them. Those students and parents were supposed to be notified 24 hours before and were to be given the reason why. The students were automatically suspended for 10 days without being given 24 hours notification or the reason why they were being suspended. The United States District Court for the Southern District of Ohio reprimanded the school for its 14th Amendment violation. Afterwards this case was appealed by the Supreme Court. Their ultimate decision was that suspending the students could affect their reputation and future employment and education; therefore the state had no authority to remove their property right to an education without Due Process. Frederick V. Morse (2005) Summary: January 24, 2002 Joseph Frederick and some friends held up a banner stating “Bong Hits for Jesus” off school campus and were suspended. Two legal sides: Frederick (freedom of speech) US district Court (Had not infringed Fredericks 1st amendment Opinion: School official did not violate the 1st amendment by confiscating the pro-drug banner and suspending the responsible for it. Dissent: Right to freedom of speech. Have right to display banner outside school. New Jersey v. TLO ( 1984) Summary: Two girls were caught in a New Jersey public bathroom smoking cigarettes. One confessed but Tracey Lois Odem also known as TLO said she had never smoked a day in her life. Assistant principle chaplick took and searched her purse. While searching he found cigarettes and also found rolling paper. Student v. School principal Student and parent thought it was an illegal search, but the state thought it was legal. Opinion: It was a reasonable suspicion and she was caught red handed. Dissent: It was a reasonable search because she denied something that she got caught doing and when they proved her wrong they found more illegal things that led to further investigation. Bethel School District v. Fraser (1986) Summary: Mathew Fraser, a high school senior in the Bethel School District, gave a speech nominating a classmate for student body class president. The speech included sexual innuendos. School administrators found him in violation of a school policy against disruptive behavior. They would not allow him to give his speech at graduation which he was planned to speak at. After Fraser was suspended, his parents took it to court and the court ruled in his favor. The supreme court over ruled and gave the school the right to suspend him. The least protected form of speech is fighting and slandar. The most protected form of speech is political and religious. Two sides: A. The student argued that it took away his 1st Amendment right to free speech. B. B. The school argued that his speech disrupted the school Winning opinion- The school districts policy did not violate the 1st Amendment. Losing opinion- The school prohibited certain styles of expression that are sexually vulgar. TLO v. New Jersey 1984 In loco parentis- upon arrival of school campus, school administrators take over duty or responsibility of parent, but with more expectation of privacy Probable cause? *Reasonableness? 4th amendment- protection from unreasonable searches and seizures Ruling- court said search was constitutional and reasonable, school won (because of In Loco Parentis)
*Exclusionary Rule- state can’t use evidence found in an illegal or unreasonable search (or seizure)
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