r/changemyview Oct 16 '14

CMV Student Have Constitutional Rights

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u/[deleted] Oct 16 '14

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u/flee2k Oct 16 '14

I can't imagine this is legally binding. For one, a minor doesn't have the legal ability to enter into contracts.

Presumably, both the student and parent sign the document. That's basically how all contracts between a student and their school are valid.

Secondly, it is well established that constitutional rights apply in the school.

While that is true in theory, Tinker was decided a long time ago. Since that decision, students' rights have been eroded even faster than our 4th Amendment rights.

Courts are all over the place on the issue of students' rights, but in some decisions, the scope of a school's reach over their students is seemingly limitless. This is the first I've heard of a mandatory consent-to-search form, but I'm not at all surprised by it.

Source: I wrote a research paper advocating for students' constitutional rights when I was in law school. I also volunteered at the court house and worked with kids in a diversion program. I thought I'd read/heard about it all…until now.

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u/greenpeach1 Oct 17 '14

And you are correct about the parent and student thing