NCJ Number
60668
Date Published
1978
Length
48 pages
Annotation
TO HELP STUDENTS AND OTHER YOUNG PEOPLE BECOME MORE AWARE OF THEIR RIGHTS, THIS PAMPHLET BOTH DESCRIBES CONSTITUTIONALLY-SUPPORTED FREEDOMS AND INDICATES ORGANIZATIONAL METHODS FOR DEFENDING THOSE FREEDOMS.
Abstract
ALTHOUGH THE UNITED STATES CONSTITUTION AND THE BILL OF RIGHTS ARE ALMOST 200 YEARS OLD, ONLY SINCE 1967 HAVE THE COURTS RECOGNIZED THE EFFECTIVE APPLICATION OF CONSTITUTIONAL RIGHTS TO YOUNG PEOPLE. EVEN IN THE YEARS SINCE THE DECISION OF IN RE GAULT (1967), THE COURTS HAVE DEFINED DIFFERENT STANDARDS FOR THE RIGHTS OF YOUNG PEOPLE IN PRACTICALLY EVERY MAJOR AREA OF THE CONSTITUTION. YOUNG PEOPLE HAVE FEWER RIGHTS TO THE DUE PROCESS OF LAW, TO VOTING, AND TO FREE SPEECH. NEVERTHELESS, THE DESCRIPTION AND ANALYSIS OF COURT RULINGS INDICATES THAT THEY CAN OBTAIN EFFECTIVE RECOGNITION OF THEIR FREEDOMS THROUGH ORGANIZED EFFORTS ANALOGOUS TO THE METHODS USED BY OTHER ACTIVIST GROUPS. DISCUSSION OF THE FIRST AMENDMENT PROTECTIONS OF FREE EXPRESSION, AS THEY APPLY TO STUDENTS, REVEALS THAT STUDENTS CAN BE PREVENTED FROM EXPRESSING THEIR VIEWS ONLY WHEN THE STUDENTS 'MATERIALLY AND SUBSTANTIALLY DISRUPT THE WORK AND DISCIPLINE OF THE SCHOOL.' HOWEVER, SCHOOL SYSTEMS AND THE COURTS COULD DETERMINE THAT EVEN THE MOST TIMID OF STUDENT ACTIONS IS POTENTIALLY 'DISRUPTIVE.' YOUNG PEOPLE'S RIGHTS TO PRIVACY AND TO PROTECTION FROM UNREASONABLE SEARCHES ONLY DETER THE OBTRUSIVE ACTIONS OF GOVERNMENTS, AND DO NOT RESTRAIN THE PRIVILEGES OF A CHILD'S PARENTS. APPENDED MATERIALS INCLUDE REPRINTED COURT DECISIONS AFFECTING YOUNG PERSONS, AND CASE COMMENTARIES. FOOTNOTES ARE PROVIDED. (TWK)