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Students' Rights And Restrictions Essay

1720 words - 7 pages

Introduction.
From the First Amendment students given an opportunity to explore the conflict between government’s exercise of power and individuals rights, the courts as well recognizes students’ rights guaranteed by the Amendment. Courts have balanced the First Amendments rights and the necessity of schools to teach without disruption caused by free speech and expression as the exercise of those rights could interfere with learning. Most school administrators indicate that schools should enhance immunity and free speech because exchange of thoughts and ideas is extremely prominent in a learning environment.
Right to Freedom of Expression.
Freedom of expression flyer for students, emphasize that school publications may not print obscenities, libelous statements, statements that will disrupt the educational process, or statements that tend to be an invasion of privacy. The court of appeals for the first circuit decided in the Yeo v. Lexington case in 1997, that journalists at Lexington High School in Massachusetts had the right to refuse ads submitted to their publications (Hinchey 2001). The court said that there was no legal duty on the part of the school administrators to control the content of the editorial judgments of student editors of publications. The court decided that decisions made by students’ editor were not attributable to the school.
The case of Castorina v. Madison country board. In this case, students wore a controversial seal on their shirts. The character preached racism although the students insisted that it represented their culture. The principal orders the students to go home or display their clothe inside out for the rest of the day he argues that any clothes or device that is obscene, disrespectful sexually, suggestive, or one that contains slogans, words or depicts any illicit drug or racist incrimination is prohibited in the school dress code. He is not genuine because the principal bans some symbols and not others, as the students claim this some students wear Malcolm X-inspiration clothing and go unpunished (McCabe, McCarthy & Thomas, 2004). Case remains undetermined.
Access to students records.
A student under the age of eighteen years can only have access to his or her records; if the parent or guardian gives written approval or if the school embarks on its own to provide access. If school records are to be given to an outsider a lawful court order must be produced and, the parent contacted beforehand. Student directory information that is the character, address and other critical information (not including grades) can be given to certain nonschool groups like news media, military recruiters, and PTAs. Schools can be penalized for improperly disclosing students’ educational records.
Students are entitled to freedom of expression of their views
Student rights to free speech were a significant issue during the Vietnam War, when students formulate themselves at conflicting ends of the political gamut from...

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