Search and Seizure in Public Schools Essay - 1932 Words

Purpose The purpose of this paper is to discuss public school districts limits on hate speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when they enter the school, but the breadth of that statement is not without limit. Schools may narrowly curtail free speech rights to the extent necessary to maintain good†¦show more content†¦Des Moines, 1969, p. 509) A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students rights of free speech. Schools should . . . cr eate an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line? (Essex, 2005, p. 44) Two recent federal appellate decisions highlight the difficulty in drawing the line. In 2004, the student Gay-Straight Alliance at Poway High School in Poway, California held its second annual Day of Silence to promote tolerance of others, particularly those of a different sexualShow MoreRelatedEssay about Search and Seizure in the Public Schools1487 Words   |  6 PagesSearch Seizure in the Public Schools To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states: The right of the people to be secure in their persons, 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 affirmationRead MorePolice Conduct A Search And Seizure At A Public School Initiated By School Officials1975 Words   |  8 Pagesconduct a search and seizure at a public school initiated by school officials? 2. 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Fourth Amendment: Under the fourth amendment of United Nations constitution the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. Warrants would not be issued, unless based on a cause and supported by an oath or affirmation with detailed description of the place to be searched and the things or persons to be seized. The aim of this amendment is to protect the right to privacy of the people and freedom of intrusions from