Law and Disorder in the Classroom: Emphasis on Student Rights Continues in Classrooms Even When the Court Begins to Think Otherwise

In Morse v. Frederick, a 2007 First Amendment student free speech case, the Supreme Court held that a school official may restrict student speech at a school-supervised event when that speech is viewed as promoting illegal drug use. Filing a separate opinion, Justice Stephen Breyer echoed concerns expressed by his conservative colleagues that school authority was being undermined by legal challenges. Since the 1960s, courts have become increasingly involved in regulating U.S. schooling in general, but especially in the area of school discipline. Justice Breyer noted in his opinion, "Under these circumstances, the more detailed the Court's supervision becomes, the more likely its law will engender further disputes among teachers and students." School discipline is a critical area for research, as student interaction with school institutional authority is one of the primary mechanisms whereby young people come into contact with and internalize societal norms, values, and rules. It is thus significant that the number of cases reaching state and federal appellate courts has surged back up to levels attained during the early 1970s when civil rights cases had a central place on the national political agenda (see Figure 1). Our research indicates that both educators and students understand the former's authority to be more limited and the latter's rights more expansive than has actually been established by case law. [ILLUSTRATION OMITTED] School Discipline in Court Until the late 1960s, parents and students rarely challenged the disciplinary actions of school authorities, viewing common schools as providing instruction, instilling virtue, and fostering the ideals of our nation. Then, as conceptions of youth rights began to shift, and as institutions that provided support for the expansion of these rights emerged, students and parents, with the support of public-interest lawyers, began to question and challenge school disciplinary practices in court. Table 1 summarizes key school-related rulings from the Supreme Court over the last 40 years. From 1969 to 1975, amid increasing legal challenges to the regulation of student expression in school, the Court's rulings largely confirmed students' rights to various free expression and due process protections. The most important decision affecting how schools approach student discipline was Goss v. Lopez, decided by the Supreme Court in 1975. During a patriotic assembly at Central High School in Columbus, Ohio, in 1971, expressions of student unrest over the lack of African American curricula turned into a week of demonstrations and disturbances. Dozens of students were suspended for up to 10 days without formal hearings or notification of the specific charges against them. The Supreme Court case hinged on whether the disciplinary actions improperly denied students their rights to a public education. In ruling for the students, the Court granted "rudimentary" due process rights to those suspended from school for fewer than 10 days, as well as "more formal protections" for students facing longer exclusions. Landmark Cases in School Discipline (Table 1) Supreme Court shift toward the schools began after 1975 Case Issue Ruling and Import 1967 Juvenile court sent For juvenile defendant. In re Gault 15-year-old to detention Court granted due process home without legal rights to youth in juvenile representation. courts. 1969 Three Iowa students were For the students. In the Tinker v. Des disciplined for black first major school Moines armbands as a sign of discipline case to reach Independent protest to the the Supreme Court, the Community "hostilities in Court said that students School Vietnam." and teachers do not "shed District their constitutional rights to freedom of speech or expression at the school house gate. …