Law & Courts

What Are Students’ Constitutional Rights?

By Stephen Sawchuk — May 07, 2019 2 min read
  • Save to favorites
  • Print

Early U.S. educational philosophers linked the provision of common schools to the production of a healthy, well-informed citizenry. Although civics has lately taken a back seat to reading, math, and testing regimes, most parents probably share that goal today.

But it would likely come as a surprise to many of them to learn that enrolling their children in schools also means putting them in a place that’s legally permitted to curtail some of their children’s constitutional rights.

“Constitutional rights assume particular contours within the nation’s schools that are different than when minors are in the public park across from schools,” said Justin Driver, whose recent book, The Schoolhouse Gate, analyzes the complicated history of U.S. Supreme Court rulings on student rights.

See Also: Schools Teach Civics. Do They Model It?

1st Amendment: Free Speech

This is the amendment everyone remembers. But it wasn’t until 1969, in the famous Tinker v. Des Moines ruling, that the Supreme Court recognized that it also applies to schools. The court said students could engage in political speech at school by wearing black armbands to protest the Vietnam War.

However, other Supreme Court rulings have constrained students’ speech. Administrators have some leeway to censor student-newspaper articles, for example. And students can be restricted on speech that’s considered vulgar or lewd, promotes drug use, causes a “material and substantial disruption” to school, or infringes on another student’s rights. The last two pieces remain especially fuzzy, especially in this day and age of social media.

4th Amendment: Search & Seizure

The government and the police generally can’t search homes or belongings unless they have a warrant or “probable cause” that someone committed a crime. But the Supreme Court has ruled that students don’t get the same level of protection.

School officials generally only need to have a “reasonable suspicion” to search students’ belongings or their person, and it’s not always clear where a search suddenly moves from permissible to intrusive.

The court also ruled that it’s OK to require students to take a random drug test, even if there’s no evidence that they are using drugs.

5th Amendment: Self-Incrimination

Do students have the right to “plead the Fifth” when being questioned at school by law-enforcement officials? In light of recent concerns about the racial impact of student discipline and safety policies, it’s an increasingly pressing question.

In 2011, the Supreme Court found that the Fifth Amendment rights of a 13-year-old student interrogated by a police officer at school were violated because he wasn’t warned of his right to remain silent. But the court didn’t clarify whether this applied to all minors, or whether school resource officers must also read students their rights.

8th Amendment: Cruel & Unusual Punishment

The U.S. military outlawed corporal punishment in 1862, and all states had ended it as a judge-ordered punishment by the early 1970s. But it’s still permissible to hit students in more than a dozen states.

The Supreme Court has repeatedly upheld paddling.

14th Amendment: Due Process

When students land in hot water, they don’t get the same procedural protections as adult citizens do. Typically, they only receive minimal due-process rights. They need only be told what they did wrong and given a chance to respond; they do not need to be given anything in writing before being punished.

A version of this article appeared in the May 08, 2019 edition of Education Week as Constitution Has Limited Reach in Schools

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Why It Will Now Be Easier for Educators to Sue Over Job Transfers
The case asked whether transferred employees had to show a 'significant' change in job conditions to sue under Title VII. The court said no.
8 min read
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. The high court on Wednesday, April 17, 2024, made it easier for workers, including educators, to sue over job transfers.
Patrick Semansky/AP
Law & Courts Oxford School Shooter's Parents Were Convicted. Holding District Liable Could Be Tougher
The conviction of parents in the Oxford, Mich., case expanded the scope of responsibility, but it remains difficult to hold schools liable.
12 min read
Four roses are placed on a fence to honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in last week's shooting, outside Oxford High School in Oxford, Mich., on Tuesday, Dec. 7, 2021.
Four roses are placed on a fence outside Oxford High School in Oxford, Mich., honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in the Nov. 30, 2021, shooting at the school.
Jake May/The Flint Journal via AP
Law & Courts Oklahoma Supreme Court Weighs 'Test Case' Over the Nation's First Religious Charter School
The state attorney general says the Catholic-based school is not permitted under state law, while supporters cite U.S. Supreme Court cases.
5 min read
Oklahoma Attorney General Gentner Drummond is pictured Wednesday, Feb. 1, 2023, during an interview in Oklahoma City.
Oklahoma Attorney General Gentner Drummond, pictured in February, argued April 2 before the state supreme court against the nation's first religious charter school.
Sue Ogrocki/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP