<p>I think it’s easier to reconcile giving up students’ Second Amendment rights while on campus than it is to give up First and Fourth Amendment rights. Unfortunately, I’m only familiar with search/seizure and free speech stuff when it comes to students, so I can’t really cite case law for stuff like the 5th Amendment (“I plead the Fifth,” anyone?) or the 2nd Amendment (right to bear arms).</p>
<p>If I want to leave school during lunch without paying for that right, I should be able to do so. If I don’t want to be subject to unwarranted search, as 3141959265 pointed out, I shouldn’t have to be. These rights, when applied properly, would help me enjoy myself.</p>
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If you have nothing to hide, then I see no reason to be unnerved by a school official’s search. I know that I have nothing to hide from the school officials, so I am not disturbed by this—rather, I am happy that they can take such provisions to protect my friends and me. Why is this such a bother for you?</p>
<p>In addition, freedom of speech is expanded enough in schools as it is. Exactly what more do you need to say? You go to school to learn, and most of what you say should be related to the subject at hand. Idle discussion amongst your friends and you is neither regulated nor censored. I don’t understand the purpose of extending full Constitutional rights to students, and from what I have seen of high school students, most of them don’t even deserve those rights.</p>
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<p>What would a student need over the course of the school day that they would not want an administrator to see? If it’s not OK for an administrator to see, you probably shouldn’t have it. </p>
<p>I think you point about free speech in school is a very valid point, and I agree with the Court’s decision in Tinker v. Des Moines. I don’t think that students should be stripped of ALL rights in school, but I do believe that schools would be safer with certain limitations to a student’s Constitutional rights.</p>
<p>ETA: I see my post is pretty much ditto to what Kironide said. Sorry.</p>
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<p>They are not going to suspect you of something if you do not give them reasonable cause to suspect you enough to search your body and possessions. If you do give them reasonable cause, that’s your fault.</p>
<p>Also, lunch is still part of the school day. I see no reason why students should be allowed to exit school during lunch, just like during a normal class period.</p>
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<p>The same argument could be used to argue that Americans don’t need the right to not be subject to search without a warrant.</p>
<p>My mood this year has been improved, so, so much by open campus. I really think that I’d be miserable without it.</p>
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<p>By your account we shouldn’t have a fourth amendment at all.</p>
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<p>My point is that they allow students who pay the school to have this right. Complete restriction would be more understandable, but letting schools make us pay for the natural rights of an American adult is not one of the intended consequences of the current laws.</p>
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<p>On the contrary. I am supporting search and seizure with a rational, logical basis. The Fourth Amendment protects against unreasonable search and seizure. There is no contradiction.</p>
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<p>Schoolchildren are not adults.</p>
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<p>I fail to see the connection between this example and the Constitution. Please elaborate on this. In addition, it’s pretty well established that schools may disallow students from leaving at any time and that they may require attendance. </p>
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<p>This is a fair point. But I beg of you, please tell me what you need to “enjoy” yourself during the school day that an administrator would not approve.</p>
<p>wow… i’m pretty sure this isn’t the intention of the OP when he created this thread.</p>
<p>let’s just have everyone list their law and let it be that.</p>
<p>however, i think some people are confusing law with like… magic or something.</p>
<p>i would pass a law… i’ll get back to you on that.</p>
<p>My law: Free baklava, every Tuesday.</p>
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<p>But students are not protected against unreasonable search and seizure, and with your justification for the denial of this right, adults shouldn’t be protected against unreasonable search and seizure either. After all, if they have something they wouldn’t want a police officer to see, they shouldn’t have it in the first place. Right?</p>
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<p>But we can be honorary adults if we pay? I fail to see your point here.</p>
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<p>Why does that matter? If that’s your argument, why are adults protected from unwarranted search and seizure?</p>
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<p>Students are protected against unreasonable search and seizure by the Fourth Amendment, obviously. If you give people reasonable cause to suspect you of something, it’s your fault.</p>
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<p>You should consider yourself lucky that the school is generous enough to allow you that opportunity at all.</p>
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<p>A student can legally be searched without probable cause. Although this is generally avoided, there’s no reason to deny this right.</p>
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<p>I do consider myself lucky, but that doesn’t mean schools should be rights resellers.</p>
<p>I have to say, NervusBreakdown is right, this wasn’t exactly my intent to have a debate. I was just curious about laws you guys would make if you could lol</p>
<p>And by the way, I’m a she, but it’s cool lol</p>
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<p>Well the example I can think of that perhaps the writers of the Bill of Rights also had in mind would be to protect individuals from search intended to suppress some sort of uprising. </p>
<p>I think the issue at hand is not an administrator walking into a class and demanding to search a certain student’s belongings without reason. If that were to occur, I would support their lawsuit. The issue is more whether students can be searched as they enter school, which I have no problem with. This can be compared to a police checkpoint on the road, where either everyone is checked or there is some sort of pattern as to who gets checked and who doesn’t. This certainly would stand to keep schools safer and free of drugs and other illegal items.</p>
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<p>This is a true statement, but schools are still not allowed to search any student at any time. While TLO v. New Jersey allows schools to search without probable cause, it does require reasonable suspicion, which is defined as being based on specific facts or circumstances.</p>
<p>The Bill of Rights apply to all people, regardless of age.</p>