Tinker - PA Daily Times

sgooch8293 Member Photo

Clipped by sgooch8293

Tinker - PA Daily Times - Student Editorial DELAWARE COUNTY (PA.) DAILY...
Student Editorial DELAWARE COUNTY (PA.) DAILY TIMES Friday. December 18, 1»7| T O ^ 'Studentedbhave legal rights' saw to brick works on not Student rights and student power are becoming increasingly important issues in the high schools across Delaware County. As students .continue to examine their schools and work for meaningful- change we will likely see an increase in both. ·' With less than three months of school completed/two schools -- Darby and Clifton Heights --, have already witnessed disruption. by angry students. And though the issues':-at Darby (food,, pep rallies, etc'.) differed from the ;· issue at Clifton Heights (where students were suspended for taking .-off their ties) the sense of futility in changing established policy, was the ·same. In .both schools, students wanted a say in their education. Possibly these incidents will be the only disruptions of the year. But regardless of the form, it takes, student power will increase as more and, more students are made aware, of their legal rights. :·'."'A few- years ago student rights were unheard, ' of r and the-stiident -was often defenseless'when confronted by school officials.-'Today, after numerous court actions, the Situation has changed drastically; students" are not only better protected but stand a good chance^ of gaining new protections in the near future. '. · :'., The 1969 Supreme Court decision in the case of Tinker vs.. Des Moines stands as the.classic example of protection of student -rights; In this case three students were suspended for.:'wearing black arm- bands'protesting the Vietnam War. The court 'af-, firmed the right of students to wear armbands. High school students are now protected in their rights to free speech by the First Amendment as long as they do not substantially disrupt the- "educational .process." This means students may speak freely on · controversial subjects /while in school; furthermore "free speech" includes the wearing of buttons, armbands, rand other symbols of protest or support on any issue. . _ , May students "distribute literature ? -;. v · In 1943, in the case of Jamison v. Telcas, the Supreme Court expressly stated that the .right to distribute leaflets is included in the First Amendment. ' ; - -- · The. court also has'stated'time and again that'no public official has the right to request that literature be submitted to him for his approval prior to distribution! ' . ' . , - ' · ' ' · ' : · · · ' ' This is not to,say that obscene literature can not be blamed in public school. It does suggest students who are harassed for distributing: literature should seek legal advice such as that provided by American Civil Liberties Union. ·'·····'· " ' . ' . ' $ ~ · -May students refuse to salute the flag? 'C ' . In 1942 the Supreme Court held, that a state violates the first and fourteenth amendments when it tries to force public school students; to salute .- flag. XWest Virginia State Board^of Education Jv. ,Barnett).% ^-,·.,«., ; v/. ''a,V;^. : !: ':B^ v '. .', · ·'' It is^mportiillo^einember that student-rights are not Jbieing Jhandfec^but. They are being, won ; students who gefuse^q; leave their basic rights outside the schooih^.pe;" door. They will continue 'to won as long as fstii'dients test their/ rights in the School. -;·':'-;'··.'· ' _ _ . .^ Of course, 'regardless\of the Supreme" Court, some administrators will eh'force their own rules and regulations. Therefore the -rights will have to be again and again. ' - ' · ' · · ' : · . · ..; What can you do if your school disregards student .rights? ·'·'. Many actions are possible, including legal action. For when public officials, including members.of boards of education, principals, and teachers infringe upon a student's constitutional rights, they act but- side the law and'are vulnerable to suit. . ' By GORDON HARRISON Senior · ' Penncrest High School

Clipped from
  1. Delaware County Daily Times,
  2. 18 Dec 1970, Fri,
  3. Page 17

sgooch8293 Member Photo
  • Tinker - PA Daily Times

    sgooch8293 – 25 Mar 2013

Want to comment on this Clipping? Sign up for a free account, or sign in