The Highlander Know your rights www.scotscoop.com
May 2014, Vol V Issue VIII
What’s inside
By Brooke Buckley and Lauren Tierney Staff Writers
Question: Do I have freedom of speech?
In Memoriam: Emma Kasper
Student response: “No I feel like I can’t be one hundred percent honest with my words because the administration always assumes you are aiming to hurt others,” Lexi Jenkins.
Pages 10-11
Legal response: The supreme court said, “If conduct by the student, in class or out of it, which for any reason-whether it stems from time, place, or type of behavior- materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.”
Seniors prepare to leave high school
Question: Can I be searched at anytime? Student response: “No, not unless there is probable cause,” Boston Funk. Legal response: School searches are only justified according to the Supreme Court “when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school.” California’s own state Supreme Court has expanded upon the ruling by stating that “reasonable grounds” must be supported by “articulable facts.” Random searches and searches based on hunches or rumors are not justified. Administrative Vice Principal Ralph Crame: “If it is a school safety issue there is absolutely no restrictions on belongings being searched.” Question: Can anytime?
my locker be searched at
Student response: “No, my locker cannot be searched without serious suspicion,” Sarah Anderson. Legal response: Even though lockers may possibly contain personal property of a student, the locker is still school property itself. Therefore, it can be searched at anytime. Crame: “Lockers are school property and have a right to be searched at anytime.”
Pages 14-15 Photo by Veronika Dvorakova
Student freedom restricted on campus
By Brooke Buckley and Lauren Tierney Staff Writers
The second every student steps on campus they lose their rights. The first ten amendments to the constitution, or the Bill of Rights, grant Americans these freedoms. Students give up the protection of many of these freedoms when they walk on campus in order to keep the school safe. “I know that my rights differ on and off campus, but I don’t know what rights are limited,” said Junior Sarah Anderson. There are three tests the Supreme Court has developed in regarding the free expression of students. 1) Tinker standard: Schools may not silence a student’s expression because they don’t like it. They can only silence a student’s expression if it leads to substantial disruption of the school environment or an invasion of the rights of others.
When senior Nick Adams was passing out flyers at school expressing his governmental beliefs the school did not intervene. Adams said, “I was glad that administration was watching this happen and not making an effort to suppress the messages. Often they will stop students purely because they can and feel that they should. While I don’t feel that students’ rights are fully acknowledged at school the administration does seem to have some foundational boundaries for intervention.” 2) Fraser standard: Students must behave to the appropriate norms of society. This includes language, dress, and behavior. The Fraser standard allows dance teacher Ame Secrist to restrict her dancers’ clothing. Junior advanced dance member Frieda Freeman said, “At dance studios outside of school the teachers like us to wear as little clothes as possible so they can see how our bodies move, and point out what we are doing wrong. The more clothes you wear the harder it is to correct mistakes. The dance school attire is spandex shorts, and sports bras at every dance
studio. In Carlmont dance we used to be able to wear spandex, but the rules have recently changed. Now if we want to wear spandex we have to wear tights underneath, which is very uncomfortable, and restrictive to how flexible a dancer can be and not to mention hot.” Freeman said, “I don’t agree with the dance dress code at Carlmont because dancers should be allowed to wear clothes they feel are comfortable. If swimmers can wear tight revealing suits, why can’t we wear spandex anymore?” “The dancers are allowed to wear spandex as long as they are wearing their dance tights underneath. It is simply a modesty issue, because sometimes when dancing the shorts can ride up, and we have body parts more exposed than appropriate. The tights help to keep the shorts down. In the past the dancers did not have to wear tights, but it was very distracting to me as well as the audience. I think of my classroom as a performance venue, if a teacher walks in or a parent walks in I want them to see the dancers in a professional way.” said Secrist 3) Hazelwood Standard: The school has a right to take action based on anticipation (If the school suspects disturbance from a behav~Continued on pg. 25~
Question: Can the school take my belongings (Phone, ipod, exc.)? Student Funk.
response:
“No, not at all,” Boston
Legal response: The school may take your personal belongings if you are using them in a way that violates school rules, but doesn’t have consent to search them without a probable reason that their is something on there that may go against the law. Without probable reasoning for going through your phone (or any of your personal belongs) you have the right to not give consent for your phone to be searched. ~Continued on pg. 25~
Infographic by Minh-Han Vu