274
submitted 1 year ago by mastermind@lemm.ee to c/asklemmy@lemmy.ml
you are viewing a single comment's thread
view the rest of the comments
[-] brygphilomena@lemmy.world 12 points 1 year ago* (last edited 1 year ago)

Schools are in loco parentis. Essentially they act as parents while children are at school. Children at school are not afforded all the same rights as normal citizens against the government. Like searches and seizures. School officials, in loco parentis, can approve for police to search a students belongings while the student is at school. Even if the student themselves tries to invoke their right to protection for unreasonable searches.

Same with speech, as parents can "ban" words in their homes. Schools can ban and restrict speech as in loco parentis.

[-] spongebue@lemmy.world 10 points 1 year ago

That only goes so far with rulings like Tinker v. Des Moines Independent Community School District and Safford Unified School District v. Redding

[-] brygphilomena@lemmy.world 6 points 1 year ago

Certainly. And those are great citations. I'm really glad you posted them so I could read into it further.

While students don't lose all rights and protections, the concurrent opinion on Tinker does say that they don't have the full protection of the 1st.

this post was submitted on 22 Jul 2023
274 points (97.2% liked)

Asklemmy

43326 readers
1109 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy ๐Ÿ”

If your post meets the following criteria, it's welcome here!

  1. Open-ended question
  2. Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
  3. Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
  4. Not ad nauseam inducing: please make sure it is a question that would be new to most members
  5. An actual topic of discussion

Looking for support?

Looking for a community?

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago
MODERATORS