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Foreword

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Introduction

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Chapter 1: The Right of Schools to Search Students

Case Overview: New Jersey v. T.L.O. (1985)

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1. The Court's Decision: Allowing Reasonable Searches of Students' Property

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Byron White

In its ruling in New Jersey v. T.L.O., the Supreme Court ruled that a school official had reasonable cause to search a student's purse to find evidence that she dealt marijuana.

2. Dissenting Opinion: Student Searches Must Be Based on Probable Cause

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John Paul Stevens

A Supreme Court justice dissents from the majority decision in New Jersey v. T.L.O. on the basis that school officials lacked probable cause to suspect the student had committed a crime.

3. The Ruling in New Jersey v. T.L.O. Helps Protect Students

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Camilia Anne Czubaj

An educator and writer maintains that school officials are justified in searching the personal property of students because such searches help reduce drug use and school violence.

4. Students Are Losing Their Fourth Amendment Rights

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Randall R. Beger

A professor asserts that the ruling in New Jersey v. T.L.O. has led to a climate where students are under continual surveillance and lack virtually all rights to privacy or freedom from searches.

5. Searching Students Is Not the Best Way to Reduce School Violence

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Dorianne Beyer

A children's rights lawyer argues that if schools want to reduce on-campus violence, they would have more success with educational programs and dress codes than with searches.

Chapter 2: Limiting Students' Right to Free Expression

Case Overview: Hazelwood School District v. Kuhlmeier (1988)

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1. The Court's Decision: Censorship of School Newspapers Is Constitutional

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Byron White

In Hazelwood School District v. Kuhlmeier, the Court ruled that removing articles from a student newspaper does not violate the student reporters' First Amendment rights.

2. Dissenting Opinion: Schools Do Not Have the Right to Censor Student Publications

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William Brennan

A Supreme Court justice dissents from the ruling in Hazelwood School District v. Kuhlmeier, charging that student speech cannot be censored simply because it addresses topics some people find sensitive.

3. The Hazelwood Decision Has Lowered the Quality of Student Journalism

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Mark Goodman

The executive director of an organization that deals with student press law argues that because of the Hazelwood decision, censorship of school newspapers has increased and students are less able to learn journalistic skills.

4. School Newspapers Are Not Equal to the Real-World Press

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Kevin W. Saunders

A law professor asserts that high school newspapers are not equivalent to professional media and therefore are not entitled to the same First Amendment protections.

5. Student Newspaper Censorship Has Been a Problem Before and After Hazelwood

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Jeremy Learning

A contributor to an organization that fights for free press and free speech rights contends that censorship of student newspapers is a long-running problem that some state legislatures are beginning to address.

Chapter 3: Permitting Drug Tests for Student Athletes

Case Overview: Vernonia School District v. Acton (1995)

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1. The Court's Decision: Random Drug Tests of Student Athletes Is Constitutional

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Antonin Scalia

In Vernonia School District v. Acton, the Supreme Court declared that student athletes are entitled to less privacy than other students and thus cannot claim that random drug tests violate their Fourth Amendment rights.

2. Dissenting Opinion: Drug Testing of Student Athletes Violates the Fourth Amendment

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Sandra Day O'Connor

In a dissenting opinion in Vernonia School District v. Acton, a Supreme Court justice contends that random drug testing of student athletes is unconstitutional because such searches are unreasonable.

3. Vernonia Is a Fair Response to the It Problem of Drugs in Schools

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George Will

A syndicated columnist opines that random drug testing is justifiable when a school is experiencing a serious drug epidemic.

4. Random Drug Tests Violate Students' Right to Privacy

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Benjamin Dowling-Sendor

A North Carolina lawyer argues that the Vernonia decision has led the courts to impose even stricter drug-testing policies.

5. Schools Should Seek Alternatives to Random Drug Tests

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Oscar G. Bukstein

A professor of psychiatry maintains that while random drug tests of student athletes may be constitutional, schools that want to reduce drug use should instead implement a broader treatment program.

Chapter 4: The Pledge of Allegiance and the First Amendment

Case Overview: Michael A. Newdow v. U.S. Congress et al. (2002)

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1. The Court's Decision: The Pledge of Allegiance Violates the First Amendment

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Alfred T. Goodwin

In Michael A. Newdow v. U.S. Congress et al., the Ninth Circuit Court of Appeals ruled that because the Pledge of Allegiance contains the phrase "under God," its recitation violates the establishment clause of the First Amendment.

2. The Pledge of Allegiance Disenfranchises Atheist Students

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Frank R. Zindler

The editor of an atheist magazine argues that being forced to recite the Pledge of Allegiance is a form of religious brainwashing that marginalizes atheist students.

3. The Supreme Court Should Declare the Pledge of Allegiance Constitutional

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Cheryl K. Chumley

An Internet columnist asserts that the Pledge of Allegiance is not a method of religious coercion and that the Supreme Court must declare it constitutional.

4. The Pledge of Allegiance Is a Form of Political Indoctrination

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Bill Barnwell

A pastor maintains that the Pledge of Allegiance is offensive because it indoctrinates students into worshipping their government at the expense of their personal freedoms.

Organizations to Contact

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For Further Research

179

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Index

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