Does anyone know about constitutional rights in schools?

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smalien1

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I plan on making a newsletter that will say some stuff that the administartion might not like... it has no profanity, slander, or libel. What are my chances of getting in trouble if I leave a stack in the library or hand them out myself.


(note: I live in a very-liberal area if that makes a differance)


EDIT: I did have a sheet of "Student Rights and Responsibilites' but I misplaced it... I asked my teachers and none had any extras, I also looked on the school website.
 
Depends if you go to public or private school. At private school, you have no rights. At public school, there's no reason why you couldn't, unless it causes a "substantial disruption" to school activity. Also, if you leave it in the library, they'd probably just throw it out. Try handing them out instead.

EDIT: Apparently there are state laws that need to be taken into consideration. Don't know what the laws are in a Ditch on the Side of the Road, but California's are here: http://www.aclunc.org/students/guide/free.html
 
[quote name='smalien1']I plan on making a newsletter that will say some stuff that the administartion might not like... it has no profanity, slander, or libel. What are my chances of getting in trouble if I leave a stack in the library or hand them out myself.


(note: I live in a very-liberal area if that makes a differance)


EDIT: I did have a sheet of "Student Rights and Responsibilites' but I misplaced it... I asked my teachers and none had any extras, I also looked on the school website.[/QUOTE]

Teenagers tend to be poor judges of what is libelous or slanderous. They tend to have a hard time seeing past thier own bias or what they think is "righteous indignation".
 
If you're under 18, you have no rights, and won't be able to get away with jack shit. Besides it won't even come to that. If they don't like what you're publishing, they will tell you to knock it off or face suspension. Only an idiot would continue to fight should it come to that. Especially considering you could just as easily set up a website (that they can't touch) to get your points across and just spread the URL to the student body.
 
[quote name='JSweeney']Teenagers tend to be poor judges of what is libelous or slanderous. They tend to have a hard time seeing past thier own bias or what they think is "righteous indignation".[/QUOTE]
Yes...teenagers.
 
Technically, if you hand it to people a certain distance from campus, they can't touch you. That's where people hand out little Bibles to students at the end of the day.
 
[quote name='beerguy961']Technically, if you hand it to people a certain distance from campus, they can't touch you. That's where people hand out little Bibles to students at the end of the day.[/QUOTE]

Yeah, we have open campus so I was just going to hang out outside starbucks and hand them out
 
[quote name='beerguy961']Technically, if you hand it to people a certain distance from campus, they can't touch you. That's where people hand out little Bibles to students at the end of the day.[/QUOTE]

Damn, that's a pretty short distance around here... bible dude was always by the flagpole, about 50 feet from the building. Right by the door to the main office, actually.

I once had a friend decline a bible by saying she couldn't read. He left her alone the rest of the year.
 
If the school does not like it. It will not get published. Back when I was in High school the school paper went to the principal for approval. The teacher was cool she would not listen to the principal and print what ever until she was about to get fired. Inside of a school there is no other laws then their own.
 
[quote name='Graystone']If the school does not like it. It will not get published. Back when I was in High school the school paper went to the principal for approval. The teacher was cool she would not listen to the principal and print what ever until she was about to get fired. Inside of a school there is no other laws then their own.[/QUOTE]

I don't believe he wants the school paper to publish it. He's talking about constructing his own publication and distributing it within the school without going through the administration at all.
 
I think everyone is ignoring the fact that in public school, they have no say. They can probably bar you from using school equipment to make it, but they can't do anything unless you're causing a distraction.
 
Students have rights but they are in a diminished capacity in a school setting. Like there is no illegal search and seizure if you open a kid's locker without permission for example. Freedom of speech is also limited plus the fact that most high school kids are minors.... I wouldn't do anything stupid because you would be fighting a losing battle...
 
i'd suggest exercising the contitutional right granted by the 2nd ammendment to these faculty members...remember aim for the head.
 
When I was in high school I had a classmate who was in a similar position, originally he printed and distributed it inside the school until the administration found out. They threw a huff stopped it, and wouldn't allow him to hand it out in school until they were allowed to proof it. Irregardless of what the students rights or rules are at your school, if they don't like it, they'll just threaten you with reprecusions to stop it, and they will get away with it.
 
Why not post this publication so we can read it and determine if it's libelous or slanderous?
Im curious to see what kind of publication you are planning on distrubiting anyway.
 
I'm a teacher and have run into this before. I wouldn't do it. I've seen kids blackballed for YEARS. Trouble getting into college, getting jobs, etc. Basically you don't have any constitutional rights in school whether you think you do or not. If you do go ahead with it I WOULD NOT use names. Some teachers and administrators are assholes and you're going to run into them for the rest of your life. This might not be a fight you want to pick.
 
[quote name='vivisection']I'm a teacher and have run into this before. I wouldn't do it. I've seen kids blackballed for YEARS. Trouble getting into college, getting jobs, etc. Basically you don't have any constitutional rights in school whether you think you do or not. If you do go ahead with it I WOULD NOT use names. Some teachers and administrators are assholes and you're going to run into them for the rest of your life. This might not be a fight you want to pick.[/QUOTE]


Sounds like something a teacher would say. Actually, anything you do in high school will not follow you out into the real world. This is what they say when they are trying to keep you in line. I say go for it. You may as well fight the man while you are young.
 
[quote name='niceguyshawne']Sounds like something a teacher would say. Actually, anything you do in high school will not follow you out into the real world. This is what they say when they are trying to keep you in line. I say go for it. You may as well fight the man while you are young.[/QUOTE]\

Your very naive to believe that something like this wouldn't follow him into the real world. I'm not saying I disagree with what he wants to do, so don't stereotype me. All I'm saying is that it could cause him serious problems in the future. If it's a risk he wants to take and he realizes there could be consequences and is prepared to accept them, then I say go for it. But don't say shit like "Sounds like something a teacher would say", it's more like something an adult with a brain in his head would say. I wish him luck in whatever he tries to do.
 
[quote name='vivisection']\

Your very naive to believe that something like this wouldn't follow him into the real world. I'm not saying I disagree with what he wants to do, so don't stereotype me. All I'm saying is that it could cause him serious problems in the future. If it's a risk he wants to take and he realizes there could be consequences and is prepared to accept them, then I say go for it. But don't say shit like "Sounds like something a teacher would say", it's more like something an adult with a brain in his head would say. I wish him luck in whatever he tries to do.[/QUOTE]


Dude, please. The only way this is going to follow him is if he continues to do it outside of college. There is no way something he does in high school is going to follow him the rest of his life unless he is in some po-dunk town and plans on staying there for his whole life however, from the tone of his post, I doubt this is the case. The reason you are trying to scare him is that, as an adult, you have conformed and you are now pushing your fears onto him.
 
Let me say this:
1) LEGALLY you're allowed to pass out stuff like what you're describing
2) However, you're messing with people who have power over you, so be careful
3) This won't follow you unless
a) You ask someone who you made fun of to write you a college reccomendation​
b) Someone you make fun of is completely psycho and decides to write letters to colleges you're applying to (yes, it's happened, though for different reasons)​
4) Vivisection better not be an English teacher
5) If the administration tells you to stop, there's not much you can do aside from making it a legal matter

Anyways, yeah, I'm also curious what you're writing...
 
Sorry- haven't been watching the thread- I'm starting an alternative school newspaper that isn't watched over by the principal- articles in first issue-
Anti-PTA
Anti-homecoming (not written by me)
A top ten list of bad things this generation
and something someone is writing for me but hasn't given me yet



I'll post a PDF of the entire thing when I'm done- because we do have a website set up.
 
I'll just let you know that a friend of mine wrote an underground newspaper and was suspended because of it. However, this was against the official rules of the school and his constitutional rights, so hopefully you will fare better.
 
"Your First Amendment rights are carried with you when you enter school property as long as you do not disrupt classes or other school activities." quoted from
http://www.undergroundactionalliance.org/resources.php?r_section=9

I think I'll risk it- I don't have a 'record' in high school yet (middle school I just got in a fight or two and got caught with stink bombs) so they wouldn't get mad at me for it.


And to those of you arguing- I'm not asking if I SHOULD get in trouble I'm asking if I WILL get in trouble.
 
I would throw in something positive about the school and if you dont want to then suggest how improvements can be made to the current issues. This way the school will have less to complain about and lower your chances of getting into trouble.
 
[quote name='smalien1']And to those of you arguing- I'm not asking if I SHOULD get in trouble I'm asking if I WILL get in trouble.[/QUOTE]

That's the point... nobody here knows for sure.

It's all open to interpretation and how much of a big deal your school wants to turn it into. You may not think that your paper will disrupt any classes or school activities, but you have no idea what kids will do with your paper once you hand it out. Kids reading your paper instead of paying attention in class could be considered "disruptive" and thereby confiscated and banned fron school grounds. We've all seen the news articles where schools have suspended kids for wearing certain clothes, or having green hair, because the school deemed it "distruptive".

It's a 50:50 chance, and I guess we'll all find out together how it ends.
 
[quote name='smalien1']And to those of you arguing- I'm not asking if I SHOULD get in trouble I'm asking if I WILL get in trouble.[/QUOTE]I'm leaning towards the will just on past experience, Lawrence is one of the more liberal (probably most) towns in Kansas, and threats still occured as detailed in my earlier post.
 
Basically as a minor you have no rights. If they have a problem with what you are saying, the newsletters will be destroyed and you will be suspended or expelled, based on the severity of what you are saying. If you want to rant and rave, blog it somewhere and then post or hand out a URL. That would be much less likely to get you in severe trouble.
 
[quote name='smalien1']"Your First Amendment rights are carried with you when you enter school property as long as you do not disrupt classes or other school activities." quoted from
http://www.undergroundactionalliance.org/resources.php?r_section=9

I think I'll risk it- I don't have a 'record' in high school yet (middle school I just got in a fight or two and got caught with stink bombs) so they wouldn't get mad at me for it.


And to those of you arguing- I'm not asking if I SHOULD get in trouble I'm asking if I WILL get in trouble.[/QUOTE]

OK, you WILL get in trouble. You might be able to go to court and assert your legal rights, but unless you are willing to spend the money and time to do so, I would advise against it. Just because you have a "right" to do something, doesn't mean someone can't stop you from doing it. If you are in the right, and they stop you, you might be able to go to court and win, but it will be costly, time consuming and remember, you are a teenager with anti-establishment lit against the school system. Who do you seriously think will win? Unless your parents are very rich or very "important" you would most likely be wasting your time. Anyone who thinks the legal system is fair or just has not been paying any fucking attention. And I guarentee you if you make a big deal about it, they will expel you, possiblely for the rest of high school, depending on how big of a fuss you make. Is this legal or right? No, of course not. It's just simply the way things work.
 
[quote name='niceguyshawne']Sounds like something a teacher would say. Actually, anything you do in high school will not follow you out into the real world. This is what they say when they are trying to keep you in line. I say go for it. You may as well fight the man while you are young.[/QUOTE]

You could not be more wrong. Negative notes on your record in high school can keep you from being accepted into a decent college which most likely will, at least slightly, impact you the rest of your life. Do I really think just passing out a newsletter will destroy his life? No. But it can impact it, and if he took the school to court over it, it most certainly would impact it. What university wants to accept a stundent that they have to worry about sueing them? Ok, maybe Berkley, but other than that... What you do in high school really does impact the rest of your life more than kids think or than most adults realize. The grades don't matter at all other than to get into university, but the other stuff, good or bad, can come back.
 
[quote name='smalien1']Sorry- haven't been watching the thread- I'm starting an alternative school newspaper that isn't watched over by the principal- articles in first issue-
Anti-PTA
Anti-homecoming (not written by me)
A top ten list of bad things this generation
and something someone is writing for me but hasn't given me yet



I'll post a PDF of the entire thing when I'm done- because we do have a website set up.[/QUOTE]

I'm sorry, but this sounds just like all the rest of the whiny, self-important stuff that put into ever single "underground" high school rag.

I mean, if you are going to stick your neck out for something, at least have something compelling to say.

(I can't get the image of a poor written and editted, illogical and utterly petulant "rant rag" out of my mind after seeing the list of things planned to be published.)
 
[quote name='niceguyshawne']Dude, please. The only way this is going to follow him is if he continues to do it outside of college. There is no way something he does in high school is going to follow him the rest of his life unless he is in some po-dunk town and plans on staying there for his whole life however, from the tone of his post, I doubt this is the case. The reason you are trying to scare him is that, as an adult, you have conformed and you are now pushing your fears onto him.[/QUOTE]


I haven't conformed to anything but my beliefs. Actually I get into quite a bit of trouble being an educator who thinks the system sucks. No one is trying to scare him. I just told him my opinion of what I've seen over the past 20 years. You're an idiot.
 
Some of this whole permenent records stuff is bull. I have stabbed a kid in the face with a pen (I was a disturbed child in 5th grade). Nothing on it in my High School transcript. Bomb threats in high school, not there (Then again, they didnt call the police like they were supposed to, since the TA was cool).

If you want to see what you have, ask your parents to get a copy of the transcripts. You, unless your already 18, have no legal right to it. Your parents due, regardless of what they are told.
 
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