3 ms·
Public school students retain constitutional rights (although in a weaker form). > In our system, state-operated schools may not be enclaves of totalitarianism
by iudqnolq 5y ago
Public school students retain constitutional rights (although in a weaker form).
> In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students… are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.
- Supreme Court Majority Opinion, Tinker v. Des Moines
https://www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ruling-behalf-student-expression https://www.aclu.org/other/tinker-v-des-moines-landmark-supr...
- rileymat2 5y agoI don’t agree with the concept but to your point, this regulates the schools not the students so I don’t think that applies.
- iudqnolq 5y agoA more analogous example might be the right to have a Gay-Straight Alliance club with all the access to school facilities other clubs have. See this long line of cases holding that if a school allows some clubs it must allow all clubs https://www.aclu.org/other/gsa-court-victories-guide-lgbtq-high-school-students https://www.aclu.org/other/gsa-court-victories-guide-lgbtq-h...
- rileymat2 5y agoI still don't think it quite fits, because this is about what the school provides governed by legislature. It would fit if the school had a library filled with donated books from students. If this bill prevented students from bringing books to school, then I would agree, it fits.