Re: School Authority
ghettoaznpinoy wrote:I know the laws have been slightly adjusted for an educational settings in both the public and private levels, but is there any regulations on how far school authority power may extend?
For example, is it kosher for a school in either the public or private sector to prohibit one student from socializing with another via all means including but not limited to:
Verbal communications
Chatrooms
E-mails
Private Messages
Phonecall
Note passing
Talking via middleperson(s)
Or even being in the same building unless under adult supervision.
Hi ghettoaznpinoy:
The First Amendment to the Constitution for the United States of America provides the following:
"
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment applies to the United States Congress. However, the First Amendment is made applicable to the States via the Fourteenth Amendment.
The Fourteenth Amendment provides in part:
"
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Schools that receive public funding are "government actors" and must comply with the limitations placed on their power by the Constitution.
Generally, all people have the right of association and freedom of speech. However, not all rights are absolute. The Constitution neither protects all associations nor all speech. For instance, it is constitutional for the law to penalize you for associating (conspiring) with others for the purpose of committing a crime; it is constitutional for the law to penalize you for speech that is found to be defamatory.
Disruptive or abusive conduct is not conducive to a healthy and safe learning environment. Schools have compelling interests in providing a safe place of learning and in protecting students who are being victimized by other students.
A school may or may not prohibit students from "socializing" and "communicating" with other students depending on the circumstances.