CJ 480 Exam 4

Vernonia School District v Acton

random suspicionless and mandatory drug testing of student athletes is constitutional

Santa Fe Independent School District v. Jane Doe

held that prayers led by an elected student undermine the protection of minority viewpoints

Tinker v. Des Moines

child is entitled to free speech at school that does not interfere with school safety

Good News Club v. Milford Central School

NY school district had to provide space for an after-school program for Bible group

Bethel School District v. Fraser

upheld school's right to suspend a student who uses profane language

Hazelwood School District v. Kuhlmeier

schools can censor publications that are designed to impart knowledge

Ingraham v. Wright

school's right to discipline should not be more restrictive than that of a parent

New Jersey v. TLO

schools do not need a warrant or PC for searches; only reasonable grounds/suspicion

Explain two ways in which a school can infringe upon student's 1st amendment rights

1. If it interferes with the school/teacher's ability to administer education

2. If it poses a threat to the safety of students and faculty

Baker v. Owen

Upheld corporal punishment;

1. Student and parent must be notified

2. Another adult must be present to witness

Explain the standard of proof for strip searches in schools

Standard of proof is reasonable grounds or suspicion

What have the courts said regarding what items are being searched for?

More serious the items the lower the standard of proof. Less serious the items the higher the standard of proof.

List 5 rights that are granted to minors after emancipation

1. Enter binding contracts

2. Sue and/or be sued

3. Purchase a home

4. Marriage (varies by age)

5. Healthcare decisions

Express emancipation

written or verbal consent from parent

implied emancipation

unspoken consent: home life implies the minor is on their own

Constructive Emancipation

Given adult statues based on the minor's status in the eyes of society such as marriage or joining military

Emancipation does NOT allow minors to evade...

1. School attendance

2. Purchase alcohol

3. Child labor

4. Marriage

Burden of proof for judicial bypass must be...

clear and convincing

What 3 ways may a minor argue for judicial bypass?

1. Minor is sufficiently mature and well informed

2. Minor provides evidence of abuse

3. Minor proves judicial bypass is in her best interest

Judicial bypass hearing must be...

1. quick

2. properly redacted opinion

3. free to petition

Loco Parentis

in place of parents

Cases pertaining to violations of students' rights revolve around which 3 amendments?

14th, 8th, 4th