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She said that you loose your right of free speech and other rights granted in the constitution.

2007-02-05 04:43:42 · 23 answers · asked by Mark L 1 in Politics & Government Law & Ethics

I go to a public school and she said that we loose all our rights when we walk into the school building. such as freedom of speech? and others in the constitution

2007-02-05 04:48:46 · update #1

23 answers

If you are in North Korea or Iran, yes your teacher is right.

If you live in U.S. or Europe, No, she is a liar and needs a beating!

2007-02-05 04:47:23 · answer #1 · answered by DECEMBER 5 · 2 4

Actually, she is somewhat correct. The Supreme Court has determined that you do not carry the same freedom of speech with you at school as you do standing on a street corner.

The school day is structured, and the children are there to learn. It is against the law for a student, or any other person, to disrupt the school day. So, you cannot protest on school ground during the set school day.

Also, you do not carry the right to bear arms on school grounds. This is well known.

You do not have the same level of expectation to privacy while you are at school.

Also, take you school locker. School officials and law enforcement can search "your" locker if they want to. There is no need for a warrant, probable cause, of anything else if they feel they need to look into you locker.


While you don't necessarily lose these rights, they are more limited then when you are not on school grounds. So, you're teacher is correct, though it sounds like she worded it badly.

2007-02-05 05:28:58 · answer #2 · answered by ? 5 · 0 1

You teacher offered a way too simplistic view. You have not lost all your constitutional rights when entering the school. Some rights you do not have - free speech is limited, but not stripped away. Others you keep - the right against self incrimination for one.

Things become murkier for the school once you turn 18.

2007-02-05 04:49:33 · answer #3 · answered by Anonymous · 1 0

NO! It is NOT true! NO person can be made to forfeit their Constitutional Rights without an action of a court of law!
Your teacher doesn't know what they are talking about, or they are trying to B.S. you, and, if this was said for some specific reason, you best tell your parents about this and have them discuss this with school officials! Your parents should have something to say about this teacher's attitude as it sounds, anyway, as she doesn't seem to be happy teaching, to begin with!
Even tho your teacher is technically "In Loco Parentis", meaning that they have authority over you WHILE YOU ARE IN THEIR CLASS, this authority only goes to the extent that you should do what they tell you to maintain order and discipline in their class. The only right you really give up on school property is that the school authorities can search your locker without a warrant, as it is school property, and not yours. They can't search your person, or ask you questions about anything without your parents, and, if your parents want, a lawyer, there with you!
Your best bet in the first place is to behave yourself and stay out of trouble so you don't have to worry about your rights! You are in school to get an education and nothing else., even though THIS teacher seems to be contributing only negatively to it!

2007-02-05 04:58:32 · answer #4 · answered by Anonymous · 0 1

That is not correct, and a Supreme Court decision emphatically made it clear that rights of free speech do NOT disappear inside the school house door. The case at issue had to do with a school prohibiting the wearing of black armbands by students protesting the Vietnam war. The Court ruled that since the school had not alleged (let alone proved) any detriment to the educational process from the wearing of the armbands, that the school could not ban the practice.

2007-02-05 04:50:26 · answer #5 · answered by Anonymous · 2 1

Not sure what she is talking about, or in what context. But no, it's not true. No school can take away your right to free speech.

The school may choose to limit the opportunities for you to express yourself, to preserve the common interests of the school community; for example, you can be punished for writing on the walls, using school computers to publish offensive material, or prohibiting certains clubs from forming... but those restrictions aren't aimed at limiting free speech, they are aimed at preserving the rights of other people, and you would still have plenty of other opportunities to express yourself.

Ask your teacher to clarify what she meant, and discuss the reasons behind the restrictions, and explore which options are available to you.

2007-02-05 04:53:56 · answer #6 · answered by teresathegreat 7 · 1 0

There's a big difference between your rights under the constitution and the rules and regulations of your school. It might be your right to free speech, but your school can tell you if that speech is acceptable at the school and make rules to prohibit it.

2007-02-05 04:48:39 · answer #7 · answered by Anonymous · 1 0

What people often fail to realize is that schools and business are not required to be democracies. They generally are benevolent dictatorships. The reason is to maintain order.

How much learning do you think would happen if everyone did as they pleased? I can tell you not much and what they did would probably not be what is good for the country.

Free speech doesn't mean you have the right to cut other people down at will. Slander is a serious thing. It also doesn't give you the right to talk about the overthrow of the government. Free speech doen't mean only you can speak your mind and no one else is allowed to speak theirs. Free speech doesn't mean that it is to be used to discriminate against someone else or cause them harm in any way.

In being free to speek out you can criticize the government without advocating its overthrow. You can speak out against a polition or somone else without threatening bodily harm, mental harm or their demise. There has to be control without it we have anarchy and chaos. Despite the limitations caused by dignity and respect for others you can pretty much say what you want.

2007-02-05 04:52:18 · answer #8 · answered by Anonymous · 0 2

...see how confused and unaware people are ?... even after all these years of boasting rights and freedoms. tjhere is yet very predictable responses to questions of a seemingly simple nature pertaining to freedom/responsibility....respect.

all of them potentially harmonized to the hightest ideals in the land but while some people are purposed to "control" everything including children for their own personal benefits. some others seek to escape the conditions which become deliberating and ill-health creating.

troubling..?....sure it is. especially since two sides of the same coin can't see the value on the other side and many are they which are affected.

is there a person/collective more correct in their own assessment/example of what is good human relationships beneath/on-par with Constitutional writing..?..

what do you think the solutions/consequences would look like..?

2007-02-05 05:52:55 · answer #9 · answered by noninvultuous 3 · 0 1

Enter what school?

Primary & secondary schools can restrict your activities. If you equate activities with rights, then you have a point. It is wrong, but you have a point.

There is a LOT of case law (decisions by courts) that show both sides of this issue.

Also remember, you must be 18 (an adult) to have most rights, duties, and priveleges in the USA.

2007-02-05 04:51:59 · answer #10 · answered by rjrmpk 6 · 0 1

Your teacher is out to lunch. Any right or freedom granted under the Constitution is incontrovertible.
Maybe your teacher should pursue a career in comedy.

2007-02-05 04:54:26 · answer #11 · answered by Anonymous · 0 1

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