The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single…

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

Threatening student web sites raise complex legal questions for schools. According to "Tinker v. Des Moines (1969), students' First Amendment rights must be abridged to ensure an orderly school environment. Recent litigation, educator rights, American Civil Liberties Union interventions, and legally defensible strategies for schools are…

In 1969, in "Tinker v. Des Moines," the Supreme Court declared that both students and teachers were entitled to exercise their constitutional rights while in school. The purpose of this dissertation was to discover whether the propositions and the philosophy of "Tinker" have been used by state and federal courts to support…

A discussion of hate speech and freedom of speech on college campuses examines the difference between hate speech from normal, objectionable interpersonal comments and looks at Supreme Court decisions on the limits of student free speech. Two cases specifically concerning regulation of hate speech on campus are considered: Chaplinsky v. New…

The Supreme Court's consideration of the issue of First Amendment protection for the student press is examined in this paper by analyzing "Hazelwood School District v. Kuhlmeier," where the court ruled that the school is the publisher and that the principal has the right to regulate the content of the newspaper in "any reasonable…