Mirror of Justice - All about Law and More
*Home>>>Constitutional Law

Do students really give up their constitutional rights while in school?


http://www.foxnews.com/story/0,2933,3443...

There's a line in here about how Millin told A.P. that he had given up his constitutional rights when he signed the class policy.

Is it even constitutional to ask a student to give up their rights while they're in school?

I got this article from another question on here, and I am not asking about the freedom of religion debate. My question is asking whether a teacher can even ask a student to sign away their rights.

Would the signature really mean anything legally, anyway, since most high school students are minors?

No, we actually discussed this in my law class and the teacher has no right to do that. It's alright to sign a policy, many classes do that .. but because religion was brought in, it's a different story.

They didnt ask him to give up his constitutional rights. They asked him to sign a paper to follow the rules set forth by the class. He did not have to take this class, he wanted to. Ergo, he needs to follow the rules. His drawing of a religious symbol and phrase were in blatent violation of what he signed.

Im not anti religion, actually pro religion. But he committed to not doing something, and then went ahead and did it. It has nothing to do with constitiutional rights. Its his defense that is trying to bring in CR's. They are trying to state that other students made "demonic" artwork. However, those may not be religious to them. Nor have I seen anywhere as a Christian, anything describing what is "demonic" so I see no case here.

THe U.S. Supreme Court has already answered this question.

'a student does not give up their constitutional rights at the door'....

now, would you like to tell us what 'policy' you are talking about?

EDITED BASED ON FURTHER RESPONSE:

First, I do not click on external links. If you think the issue is important enough then it is your duty to excise the salient points and present them here.

Also, as far as the main issue, this is not one of constitutional rights but of contracts. IF the student signed a statement regarding the issue as quoted, then he effectively waived his rights.

However, NO ONE can say yes or no without reading the exact language of the agreement that was signed.

the quote is a throwaway line in the heat of the moment from a teacher, not a legal opinion.

seems like a complex enough case for courts to decide - weighing an individual's desire to make art for class as required vs. the school's obligation to not establish a religion as defined in zillions of other court cases over the years.

This is an interesting case pitting two separate clauses of the First Amendment against each other.

That's terrible. While I heartily oppose religion in all forms I think it's completely stupid to not allow christian images when they are clearly allowing other images of other religions.

Political correctness sux

yes

Tags
  Discrimination Law   Disability   Criminal Law   Collections Law   Consumer Law   Construction Law   Constitutional Law   Computer Law   Child Custody   Civil Rights Law   Business Law   Bankruptcy Law
Related information
  • What if I say n***** while hitting a black person and it is considered a hate crime?

    It is unconstitutional to be prosecuted only for the speech. But here you are being prosecuted for the assault and the speech is an enhancement to the charge.

    ...
  • The DCA? Help?

    They are a part of the government which is used for upholding justice, rights and democracy. Justice - responsibilities include running the courts, and improving the justice system also the Right...

  • Anyone know a good Con Law Lawyer in Socal?

    Check out the NLG: National Lawyers Guild. They take cases even the ALCU are too scared to touch. Many of thier members are exceeding well versed in con law, and have handled many cases that ...

  • ECJ Preliminary reference procedure?

    If the constitutional court is required to rule on a case involving EU law then it would be required to refer the matter to the ECJ if there is no appeal or review of its decision under national la...

  • Why does yahoo censor questions in violation of the constitutional ammendment of freedom of speech.?

    Because the US Constitution does not protect you from private enterprise, it protects you from the government. Instead of the Constitution, Yahoo uses Terms of Service and Community Guidelines. ...

  • Can anybody site a source regarding First Amendment rights for minors?

    You have no first amendment rights, you are a child. Instead of worrying about whatever stupid issue you believe is important, go study something. You will be better off for it.

    ...
  • What is the difference in penalties between a misdemeanor and a felony?

    In general, a misdemeanor can carry a sentence of up to one year in jail. A felony can carry a sentence of over a year, served in prison. Richard

    ...
  • As a US citizen, living in Florida, are not the personal rights of Floridians being violated?

    I think it's ridiculous that the government, or political parties feel the need to play these games. Every state should be allowed their delegates, and to do otherwise is just... well... Unjus...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster