In April of 1998, two students were suspended from their San Antonio, Texas, school for getting tattoos that were sexual in nature. Regardless of whether the tattoos were appropriate or not, did this violate their right to freedom of expression? Was it in violation of their right to an education?
In August of 2001, a third grade boy was dismissed from school when he refused to remove the jewelry from his newly pierced ear. Did this infringe on not only his rights, but also the rights of his parents to decide what is or isn't appropriate for their child?
Read this article, and then you make the call.
Do Students Have Rights?
The first question is, do students have any rights? Yes, of course they do. In 1969, The Supreme Court had this to say as a result of the case Tinker v. Des Moines, "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years. The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures - Boards of Education not excepted."
Unfortunately, though, that doesn't mean students are always granted the rights they deserve. As stated by Civil Liberty expert, J.D. Tuccille, "Since attendees at public schools are almost all minors, student rights don't enjoy the same rights protections as those of Americans at large." This is when it becomes important for activists and advocates of student rights to speak up when there is a breach of the First Amendment.
Knowing Your Rights
The ACLU (American Civil Liberties Union) is designed to help Americans (including students) become familiar with their own civil liberties. On the ACLU website, it defines the term "freedom of expression" by stating, "the government does not have the right to forbid us from saying what we like and writing what we like; we can form clubs and organizations, and take part in demonstrations and rallies". But it also warns, "a court probably won't overturn the [dress] codes unless the judge finds that they're really unreasonable, or that they're discriminatory".
If you're about to embark on a crusade as a student activist, you had better be prepared to present an impressive case. Proving that your school's dress code is unreasonable and/or discriminatory, in a mature and responsible manner, is going to be a challenge. In order to prepare for that challenge, you need to learn everything you can about your student rights. You will find much information at the following resources:
About.com Civil Liberty Resources
Background: Student Rights Are the rights of students doomed in schools that are little more than prison camps with cute mascots?
More on Student Rights Today's schools have become a little slice of the old Eastern Bloc. Take a revealing peek at the police-state conditions under which America's youth suffers.
Other Resources
The ACLU Student Rights FAQ
Find a Civil Liberties Affiliate in Your State
The Constitution: Ever read it? Start Now
Next Page > Taking a Stand: What You Can and Can't Do
