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To: robertpaulsen
They can certainly infringe on fourth amendment rights (New Jersey v T.L.O., 1985) -- I see no reason why they cannot infringe on others, provided it is for the same reason ("the rights of children and adolescents are not the same as those of adults and that school officials have a responsibility to maintain the discipline necessary for education.")

A USSC decision several years ago assured that students have the same First Amendment protection as adults, when a school attempted to stop students from wearing arm bands in protest of the Vietnam War.

392 posted on 01/11/2007 12:21:22 PM PST by MACVSOG68
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To: MACVSOG68
"A USSC decision several years ago assured that students have the same First Amendment protection as adults, when a school attempted to stop students from wearing arm bands in protest of the Vietnam War."

In the case you're referring to, Tinker v. Des Moines, the Supreme Court ruled that school officials can prohibit student speech when they can reasonably forecast that the expression will create a substantial disruption or invade the rights of others. They ruled the arm bands did not.

But in Harper v. Poway Unified School District, the Ninth Circuit ruled that school officials could prohibit student Tyler Chase Harper from wearing shirts bearing messages such as “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED” and “HOMOSEXUALITY IS SHAMEFUL.” Harper is permitted to wear that shirt on the street, however.

In 1988, the U.S. Supreme Court ruled in Hazelwood School District v. Kuhlmeier that public school officials can censor school-sponsored student expression as long as they have a valid educational reason for doing so.

426 posted on 01/11/2007 1:43:07 PM PST by robertpaulsen
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