this post was submitted on 22 Jul 2023
99 points (98.1% liked)
Asklemmy
43340 readers
2067 users here now
A loosely moderated place to ask open-ended questions
Search asklemmy ๐
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- [email protected]: a community for finding communities
~Icon~ ~by~ ~@Double_[email protected]~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Schools are in loco parentis. Essentially they act as parents while children are at school. Children at school are not afforded all the same rights as normal citizens against the government. Like searches and seizures. School officials, in loco parentis, can approve for police to search a students belongings while the student is at school. Even if the student themselves tries to invoke their right to protection for unreasonable searches.
Same with speech, as parents can "ban" words in their homes. Schools can ban and restrict speech as in loco parentis.
That only goes so far with rulings like Tinker v. Des Moines Independent Community School District and Safford Unified School District v. Redding
Certainly. And those are great citations. I'm really glad you posted them so I could read into it further.
While students don't lose all rights and protections, the concurrent opinion on Tinker does say that they don't have the full protection of the 1st.