This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.
Search Amendment With Schools In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000282
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Word;
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FAQ
A: In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools.
Students are required by law to attend school, and by statute, principals, teachers, and other school personnel may exercise the same degree of physical control over a pupil that a parent could, in order to maintain order, safety, and a learning environment.
Although students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” school administrators must have the ability to restrict speech that is harmful to other students, in this instance promoting illegal drug use.
The Supreme Court ruled in 1969 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well.
The U.S. Supreme Court ruled in 1969 in Tinker v. Des Moines Independent Community School District, 303 U.S. 503 (1969), that the First Amendment applied to public schools, and schools could not censor student speech that did not disrupt the educational process.
The Fourth Amendment applies to searches conducted by public school officials because “school officials act as representatives of the State, not merely as surrogates for the parents.” 350 However, “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject ...
Public school students enjoy First Amendment protection depending on the type of expression and their age. The Supreme Court clarified in Tinker v. Des Moines Independent Community School District (1969) that public students do not “shed” their First Amendment rights “at the schoolhouse gate.”
First Amendment Rights for Students The Supreme Court stated: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” It also emphasized that the freedom to protest does not create a freedom to disrupt. Healy v.
Do I have First Amendment rights in school? You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don't disrupt the functioning of the school or violate school policies that don't hinge on the message expressed.