Constitutional rights don’t apply to students

2 Responses to Constitutional rights don’t apply to students

1. Nathan says:

   November 28, 2006 at 1:19 pm

   Actually, you’re wrong: the Supreme Court’s decision in Tinker v. Des Moines said, ” Student’s rigth do NOT end at the school house gate.” This means that students DO have their rights.

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2. Jake says:

   November 29, 2006 at 5:11 pm

   I read the decision in Tinker v. Des Moines. I agree with the dissent by Justice Black.
   Here’s the website where I found the justices’ statements:
   http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html
   Here are some pieces of the dissent. The end of the dissent, which I do not include here, is worth reading.
   “The Court’s holding in this case ushers in what I deem to be an entirely new era in which the power to control pupils by the elected “officials of state supported public schools…” in the United States is in ultimate effect transferred to the Supreme Court.”
   “While I have always believed that under the First and Fourteenth Amendments neither the State nor the Federal Government has any authority to regulate or censor the content of speech, I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases. This Court has already rejected such a notion.”
   “I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students’ minds off their classwork and diverted them to thoughts about the highly emotional subject of the Vietnam war.”
   “In my view, teachers in state-controlled public schools are hired to teach there. … The original idea of schools, which I do not believe is yet abandoned as worthless or out of date, was that children had not yet reached the point of experience and wisdom which enabled them to teach all of their elders.”
   Justice Black also said that it was not for the Supreme Court to determine the amount of free expression allowed to students in Iowa.

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