A student’s rights to privacy and freedom of speech in a school setting.

Objective:

Students will describe student rights and constitutional issues related to search and seizure in New Jersey v. TLO (1985) & teach other students rights regarding search and seizure in Vernonia School District 47J v. Acton (1995), and free speech in Tinker v. Des Moines (1969) and how they relate to the 1st and 4th amendments.

Guiding Question: Free Write (5 Minutes)

Can Mrs. Parsons and Mrs. Martin search your backpack or purse? Why? If so when?

Can Da Vinci Design subject you to a drug test? Why? If so when?

TLO v. New JerseyNew Jersey Supreme Court

I will read the background of this case to you out loud.

Expectations:

• Listen Carefully

• Connect this story to you “Guiding Questions” answers.

Read the Fourth Amendment to the U.S. Constitution:

Students 1&2: Using the words of the 4th Amendment, make an argument that the search of T.L.O.'s purse was a violation of her Fourth Amendment rights. (2 minutes)

Students 3&4: Using the words of the 4th Amendment, make an argument that the search of T.L.O.'s purse was not a violation of her Fourth Amendment rights. (2 minutes)

Tablemates share with each other. 1 and 2’s go first. (4 minutes)

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

New Jersey v. TLO (1985)

In 1983, the Supreme Court of the United States granted the State of New Jersey's petition for certiorari. In 1985, the Court handed down its decision. How should the Supreme Court of the United States rule in this case?

Student Instructions:Research your assigned case, and with your partner be prepared to present to your tablemates in 10 minutes.

 

Format for presentation (5 minutes total):

Present basic facts of case, without giving the opinion of SCOTUS. (1-2 minutes)

Ask for their thoughts on what SCOTUS will rule, and why. (1 min)

Reveal the courts decision, including which amendment was involved, along with any important legal reasoning & other cases since this case. (1-2 min).

Role of tablemates: Pay attention, take notes on the basic important info, and participate in discussions.

Reverse roles and share next case.

Students 1/2: Vernonia School District 47J v. Acton (1995)

Students 3/4: Tinker v. Des Moines (1969)

Exit Slip (6 Minutes)

Describe what you learned today about the 1st and 4th amendments as they relate to student’s rights in school.