Ryan O’Rourke

Professor Sweetman

The Educative Process

16 April 2023

There have been numerous Supreme Court cases affecting student’s freedom of

expression and search and seizure. In Tinker V. Des Moines it was determined that school

officials cannot limit students’ rights to free expression unless there is evidence of a material

disruption or substantial disorder. I believe that this ruling benefits the school along with its

students and promotes free speech. In Goss v. Lopez it was determined that a student needs to be

given an oral or written notice of charges, an explanation of the evidence against him or her, and

the opportunity to rebut the charges before an objective decision-maker if that student is

receiving a suspension less than 10 days. I believe that this is very important as it can clearly tell

a student what they are being suspended for, and the student receives the ability to rebut the

charges if they know they are false. In Board of Education, Island Trees Union Free School

District v. Pico it was determined that censorship by the school board acting in a narrowly

partisan or political manner violates the First Amendment rights of students. I also agree with

this ruling because censorship suppresses the ideas of students which violates the First

Amendment. In Bethel School District v. Fraser, it was determined that school boards have the

authority to determine what speech is inappropriate and need not tolerate speech that is lewd or

offensive. While this may violate the First Amendment, it is important to keep schools free of

speech that is lewd or offensive because it is more important to protect a humans dignity which

can be damaged by lewd or offensive speech. In New Jersey v. T.L.O., it was determined that
school officials do not need a search warrant or show probable cause to search a student. While

this may seem unreasonable to search a student without probable cause, a student can do more

damage to others if they actually do have anything that violates the law or school rules. In

Franklin v. Gwinnett, it was determined that sexual harassment of a student may be a violation of

Title IX for which monetary damages can be sought. This ruling is extremely important because

it protects the dignity of all students. In Morse v. Frederick, it was determined that student free

speech rights do not include advocating illegal drug use. Illegal drugs are not only illegal but

extremely dangerous and if a student is freely speaking about illegal drugs, than they can cause

harm to themselves and other students which is never okay.