Believe it or not, student rights cases are more common than you might think. Does this mean that constitutional rights end when you enter school? Cases involving issues like this usually occur when rights or policies are violated, either by the school or the student. Such cases include New Jersey v. TLO, Bethel v. Fraser, and Tinker v. Des Moines. These cases were heard by district courts but were appealed to the Supreme Court in response to the unsatisfactory findings. Although the Constitution is intended to protect the rights of the American people, the school's decision has the potential to be superior. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay The case of New Jersey v. TLO certainly demonstrates an example of the controversial violation of school and student rights. In 1985, a high school freshman, whose name was revealed as TLO, was suspected of smoking in the school bathroom. As a precaution, the principal had searched his bag. What they found were cigarettes, marijuana and evidence of marijuana dealing through a huge amount of dollar bills and a trafficking list. The case was taken to court, and the New Jersey juvenile court sided with the school, declaring the search both reasonable and suspicious of illegal dealings contrary to school policy. TLO argued that this constitutes a violation of the Fourth Amendment, which refers to the prohibition on unjust searches and seizures. After being reviewed by the New Jersey Supreme Court, they found the school to be reasonable. By holding the Fourth Amendment applicable to public school students, but permitting searches based on far less than probable cause, the Court... reconcile[s] the tensions between students' privacy rights and alleged violence and drug problems in the opinion national public schools.[1] Therefore, suspicion of something that goes against school policy, such as the sale of marijuana, would declare a search of the TLO bag justified. After taking the case to the United States Supreme Court, it was determined that there was no violation of the Fourth Amendment. Even though TLO had believed her case was in her favor, her rights did not defend her to the extent that she would disregard the safety of other students and could intrude on the school's goal of educating students without any interruptions. . In the 1986 case Bethel v Fraser, an alleged breach of disciplinary rules led to the suspension of Mathew Fraser. The recent graduate had formulated a nominating speech for his classmate that was to be used to run for student government office. The teachers declared it inappropriate due to the language and gestures used in the said speech. Fraser was warned of the consequences if he followed through with his speech, but he refused to comply. A school disciplinary policy prohibited behavior that substantially interfered with the educational process, including the use of obscene language and gestures.[2] Fraser was then suspended for three days as punishment, as well as being removed from the list of potential graduation speakers. However, the case was brought to the US District Court by his father in retaliation. From there, the case blossomed into something more questionable and controversial, which exposed the school's wrongdoing as it violated Fraser's First and Fourth Amendments. However, the case did not end there since.
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