Timely Connections: Constitutional Rights of Students

Every year the United States celebrates Constitution Day on September 17. How much do you know about U.S. constitutional rights? Did you know that those rights are different in the context of public schools? School officials have significant leeway when instituting and enforcing rules to maintain a safe environment conducive to learning but, over the years, the Supreme Court has weighed in on the balance of students’ constitutional rights as U.S. citizens and as public school students. What can you learn from the court cases and web resources linked to below?

First Amendment: Freedom of Speech

• Board of Education et al. v. Barnette, 319 U.S. 624 (1943) | Oyez summary
• Tinker v. Des Moines School District, 393 U.S. 503 (1969) | Oyez summary
• Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1986) | Oyez summary
• Morse v. Frederick, 551 U.S. 393 (2007) | Oyez summary
• Mahanoy Area School District v. B. L., a Minor, By and Through Her Father, Levy Et Al, No. 20–255 (2021) | Oyez summary | Brief of Current and Former Student School Board Members As Amici Curiae Supporting Respondents

First Amendment: Freedom of Press

• Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) | Oyez summary

First Amendment: Establishment Clause (Religion)

• Zobrest v. Catalina Foothills Sch. District, 509 U.S. 1 (1993) | Oyez summary
• Santa Fe Independent School District v. Doe, Individually and as Next Friend for Her Minor Children, et al., 530 U.S. 290 (2000) | Oyez summary

Fourth Amendment: Search & Seizure

• New Jersey v. T.L.O., 469 U.S. 325 (1985)  | Oyez summary
• Vernonia School District 47J v. Acton, 515 U.S. 646 (1995) | Oyez summary
• Board of Education of Independent School District No. 92 of Pottawatomie County et al. v. Earls et al., 536 U.S. 822 (2002) | Oyez summary
• Safford Unified School Dist. #1 v. Redding, 557 U.S. 364 (2009) | Oyez summary

Fifth Amendment: Self-incrimination

• J. D. B. v. North Carolina, 564 U.S. 261 (2011) | Oyez summary

Eighth Amendment: Cruel & Unusual Punishment

• Ingraham v. Wright, 430 U.S. 651 (1977) | Oyez summary

Fourteenth Amendment: Due Process

• Goss v. Lopez, 419 U.S. 565 (1975) | Oyez summary

Fourteenth Amendment: Equal Protection

• Brown v. Board of Education, 347 U.S. 483 (1954) | Oyez summary | Timeline & resource guide | With an Even Hand: Brown v. Board at Fifty online exhibition
• San Antonio School District v. Rodriguez, 411 U.S. 1 (1973) | Oyez summary | Timeline & resource guide
• Keyes v. School District No. 1, Denver, Colorado, 413 U.S. 189 (1973) | Oyez summary
• Washington v. Seattle School District No. 1, 458 U.S. 457 (1982) | Oyez summary

Articles & Videos

• Student Rights FindLaw article August, 2020
• Fighting for Students’ Rights through the Courts National Youth Rights Association 2020
• Know Your Rights: Students’ Rights ACLU article April, 2019
• What Constitutional Rights Do Students Have? Education Week video May 7, 2019
• What Are Your Rights in School? Student Rights Explained Hip Hughes video July 30, 2015

Related resources

• First Amendment Protections on Public College and University Campuses House Judiciary Hearing, 115 Congress, 04/04/2017
• Today in History: Fourteenth Amendment
• More Timely Connections