We the Students

by Raskin, Jamin B.

• ISBN13: 9781568027975
• ISBN10: 1568027974
• Edition: 2nd
• Format: Hardcover
• Copyright: 2003-03-01
• Publisher: Cq Pr

Summary

An introduction to constitutional law collects and analyzes Supreme Court cases handed down about high school students.

Author Biography

Jamin B. Raskin is professor of constitutional law and the First Amendment at American University Washington College of Law and founder of its Marshall-Brennan Fellows Program

Table of Contents

Preface	ix
Foreword	xvii
Mary Beth Tinker
The Constitution and the Courts of the United States	1	(10)
The Constitution: What Is It?	1	(1)
The Constitution: Whose Is It?	1	(2)
The Constitution: What Does It Mean?	3	(1)
The Incorporation of the Bill of Rights	4	(2)
The State Action Requirement	6	(1)
Judicial Architecture: How Our Court System Works	6	(2)
Majority and Dissenting Opinions	8	(1)
How to Brief a Case	9	(2)
The Heart and Soul of the Constitution: Freedom of Expression	11	(44)
Expressive Conduct and the Right Not to Speak	12	(10)
West Virginia State Board of Education v. Barnette	14	(8)
The Right to Speak Freely and Protest (But Not to Disrupt)	22	(7)
Tinker v. Des Moines Independent Community School District	23	(6)
The Confederate Flag and Other Racially Provocative Symbols	29	(3)
A Hirsute Lawsuit: Do Boys Have the Right to Wear Long Hair?	32	(4)
Karr v. Schmidt	34	(2)
Double Entendres and Double Standards: Lewd and Suggestive Language in a Student Government Campaign Speech	36	(5)
Bethel School District No. 403 v. Fraser	37	(4)
Coed Naked Civil Liberties	41	(3)
Thought Control or Quality Control? The Problem of Library Book Removal	44	(3)
Viewpoint Neutrality and Religious Speech: Good News for the Free Speech Rights of Religious Americans	47	(8)
Good News Club v. Milford Central School	48	(7)
All the News Fit to Print at School: Freedom of the Student Press	55	(16)
Freedom of the Student Press in Official School-Sponsored Activities	56	(8)
Hazelwood School District v. Kuhlmeier	57	(7)
Squelching Debate: A Different Sort of Blair Witch-Hunt	64	(3)
Cyber Censors: Rising Conflicts over Internet Homepages	67	(4)
Killion v. Franklin Regional School District	68	(3)
Public Schools and Religion Under the Constitution	71	(50)
Freedom from Establishment of Religion at School	72	(5)
Engel v. Vitale	73	(4)
Saying a Benediction for Invocation	77	(16)
Lee v. Weisman	78	(9)
Santa Fe Independent School District v. Doe	87	(6)
Government Aid to Private Religious Schools: When Does It Cross the Establishment Line?	93	(2)
Everson v. Board of Education of the Township of Ewing	93	(2)
School Vouchers: Revolution in the Making?	95	(7)
Zelman v. Simmons-Harris	97	(5)
The First Amendment and the Ten Commandments	102	(3)
Stone v. Graham	102	(3)
The Court's Agonizing Ambivalence over Christmas Nativity Displays	105	(2)
One Nation, under Canada, with Constitutional Controversy for All: The New Establishment Clause over the Pledge of Allegiance	107	(4)
Newdow v. U.S. Congress	108	(3)
The Free Exercise Rights of Religious Americans	111	(6)
Wisconsin v. Yoder	111	(6)
The Theory of Evolution and the Story of Creation: An Ongoing Duel in the Classroom	117	(4)
The Fourth Amendment: Searches of Students and Their Belongings	121	(25)
The Reduced Right of Students to Expect Privacy of Their Belongings	122	(8)
New Jersey v. T.L.O.	123	(7)
Drug Tests and Strip Searches	130	(10)
Board of Education of Independent School District No. 92 of Pottawatomie Country v. Earls	131	(9)
The Crime of Hanging Out with Gang Members: ``Loitering with No Apparent Purpose'' in Chicago	140	(6)
City of Chicago v. Morales	141	(5)
Discipline and Punishment: Due Process and the Eighth Amendment	146	(15)
Due Process	147	(6)
Goss v. Lopez	148	(5)
Corporal Punishment	153	(6)
Ingraham v. Wright	153	(6)
Corporal Punishment in the Aftermath of Ingraham v. Wright	159	(2)
Equal Protection: Drawing Lines by Race, Wealth, Gender, Citizenship, and Sexual Orientation	161	(41)
The Persistent Legacy of Slavery and Racism	162	(5)
Brown v. Board of Education of Topeka	163	(4)
Two Steps Forward, One Step Back: ``Massive Resistance'' and the Reaction to Brown	167	(6)
Cooper v. Aaron	168	(2)
Griffin v. County School Board of Prince Edward County	170	(3)
The Right to Love	173	(1)
Affirmative Action---or ``Reverse Discrimination''?	174	(5)
Gratz v. Bollinger	176	(3)
Rich Schools, Poor Schools: The Court's Treatment of ``Separate but Equal'' School Financing	179	(3)
``Suspect'' Classes and Sex-Based Segregation	182	(3)
Separating Citizens from Noncitizens under the Law	185	(9)
Plyler v. Doe	186	(8)
Discrimination against Gays and Lesbians	194	(8)
Boy Scouts of America v. Dale	195	(7)
Harassment in the Halls: Sexual Harassment and Bullying at School	202	(17)
When Teachers Harass Students	204	(2)
Gebser v. Lago Vista Independent School District	204	(2)
When Students Harass Students	206	(9)
Davis v. Monroe County Board of Education	207	(8)
The Right of Gay and Lesbian Students against Harassment	215	(4)
The Health of the Student Body: Disability, Privacy, Pregnancy, and Sexuality	219	(20)
The Rights of the ``Differently Abled'' under the Individuals with Disabilities Education Act	220	(7)
Cedar Rapids Community School District v. Garret F.	221	(3)
Owasso Independent School Dist. No. 1-011 v. Falvo	224	(3)
Three Trimesters: Pregnant at School	227	(6)
Pfeiffer v. Marion Center Area School District	227	(4)
Curtis v. School Committee of Falmouth	231	(2)
Abortion and the Privacy Rights of Teenagers	233	(6)
Planned Parenthood of Southeastern Pennsylvania v. Casey	233	(6)
Appendix A: Supreme Court Confirmation Exercise: You Be the Judge	239	(4)
Appendix B: United States Constitution	243	(17)
Appendix C: Glossary	260	(8)
Appendix D: Bibliography	268	(4)
Appendix E: Marshall-Brennan Fellows 1999--2003	272	(3)
Index	275	(10)
Photo Credits	285