this post was submitted on 22 Jul 2023
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Schools are in loco parentis. Essentially they act as parents while children are at school. Children at school are not afforded all the same rights as normal citizens against the government. Like searches and seizures. School officials, in loco parentis, can approve for police to search a students belongings while the student is at school. Even if the student themselves tries to invoke their right to protection for unreasonable searches.
Same with speech, as parents can "ban" words in their homes. Schools can ban and restrict speech as in loco parentis.
That only goes so far with rulings like Tinker v. Des Moines Independent Community School District and Safford Unified School District v. Redding
Certainly. And those are great citations. I'm really glad you posted them so I could read into it further.
While students don't lose all rights and protections, the concurrent opinion on Tinker does say that they don't have the full protection of the 1st.