Memoirs Of Pawnee Indian Students

I am part of a special category of the human race. Not quite a member of the “real world,” too old for toys and too young to vote. I am, as you may have guessed, a minority. What separates me from the rest of the categories the people on earth? The Constitution, generally speaking, applies to everyone equally, regardless of race, religion, age, or any other factor you could think of. However, minors can have their rights suppressed in ways that many adult’s rights may not be. The most common violations of these rights are in the rights of students, that is, children attending school. The rights of free speech, free association, and freedom from unwarranted search and seizure have been heated disagreements between school administrators and students,

and have been for decades. There are reasons for the suppression of student rights, one of the more basic ones is known as Loco Parentis. Loco parentis is a Latin term basically meaning that while a student is in the public school system, the school can and often should act as a parent. Many decisions made by the school are outside that of normal government functions. The other reason is what school is all about: education. If the actions of students interfere with the educational process, these actions can and will be suppressed.
Public school students are not suppressed from their rights completely. For example, students are allowed to refrain from reciting the Pledge of Allegiance. Although, many examples in history have expressed the freedoms and rights of students suppressed by the school system. In the Tinker VS Des Moines case of 1969, students were banned by school policy from wearing black arm bands in protest of the Vietnam War. The students sued, rightfully claiming that the school was violating their First Amendment Rights. The Supreme Court ruled this to be authorized, recognizing the importance of free flow ideas in school and the rights of student’s expression. As written in Tinker, “It can hardly be argued that either students or teachers shed their Constitutional rights to freedom of speech or expression at the schoolhouse gate.” The classroom is often called the “marketplace of ideas.” The nation’s future depends on the exchange of ideas and the training of leaders through exposure to these rights.
The freedom of speech is guaranteed by the First Amendment of the Constitution of the United States. It protects what you say, what you write, and your rights to meet freely with others in clubs, demonstrations and rallies. As seen in the Des Moines Tinker case, many school policies contrast with those of the Constitution. Although students have these constitutional rights, many school systems continue to put aside these laws unnecessarily, claiming the disruption of education when there is none. Students do have the right to the freedom of expression as long as they do not “materially and substantially” disrupt the operation of the school or violate the rights of others. Does this mean that I can say or publish anything I want in school? No. The First Amendment rights of students are not absolute. For example, it is prohibited to publish or express hurtful lies about others. This is called slander, if spoken, and libel, if published, and you can be sued for both. And, just like the rest of society, students must obey obscenity laws. So, does this mean I can hold demonstrations or other forms of protest during the school day? Yes. School officials cannot stop a demonstration just for the reason that they do not like the message. Demonstrations can only be prohibited if the demonstrators are causing major disrupt. Authorities also can’t halt a demonstration by the audiences reaction. If the audience is causing the disruption, it is their duty to stop them, not the demonstrators.
There is also the question of school clothing.

Can the school tell me what I can and cannot wear? It depends. People express themselves as much as they do through speech as by the things that they wear. In 1973, the case of Rider VS Board depicted a pair of Pawnee Indian students, both male, who were suspended from school for wearing long hair as a tradition in honor of their ancestors. This was a “violation” of a school rule that stated that hair could not go past the collar. The court did not hear the case, but there were many opposing opinions of the denial from the community, some stating “They were not wearing their hair in a desired style because it was fashionable or accepted… they were in fact attempting to broadcast a clear message to the students and others — their pride in being Native American.” Many schools claim that dress codes are necessary to promote safety, discourage gangs, and prevent distraction and disruption in schools. Lower courts have generally sided with the school system and supported the fact that dress code is supported by the Constitution. The Supreme Court would be unlikely to overturn a school’s dress code unless they found it discriminatory or unreasonable. School dress codes must be written clearly, and if students find unfairness or inequality in the rules, they have the right to challenge it. So, can school officials ban T-shirts with slogans or messages if the school thinks that the message is too controversial? This depends on the subject matter of the shirt. If it harasses people based on their race, religion, or personal beliefs of the “unprotected classes”, authority can intervene to stop the harassment. In some states, schools can ban shirts with messages if they are indecent, lewd, or portray illegal substances, alcohol, or

cigarettes.
A tactic used by more and more schools is the search of student lockers, bags, and of the students themselves. Can a school official search my belongings? Sometimes. Outside of the education environment, police and law enforcement officers need a warrant before they can conduct a search. In order to obtain this warrant, the officer needs a “probable cause” or a really good reason and believe that they will find evidence of something illegal. The Fourth Amendment states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Being in a school system makes it difficult to apply this to all students. In the 80’s, drugs and weapons were a growing problem in schools. Obtaining warrants before searching was difficult and time consuming, as said by school officials. The Supreme Court decided in 1985 that the Fourth Amendment does apply to students, but it was edited. School officials do not need a warrant to search student’s belongings. Instead, they need “reasonable suspicion” that they had violated a law or school rule. The searches could not be too intrusive and must have sound reason in order to take place. If there is a public issue where lives are in danger, courts will usually allow a search. But can I refuse to be searched? Yes, but it must be clearly stated. However, even by agreeing to a illegally conducted search, the findings can still be used against you in a criminal hearing.
Student rights depend on the court’s interpretation of the Constitution. Recently, judges, school officials, and legislators are questioning the rights given to students. Some arguments include that students learn better when they wear what they’re told to wear, say what they’re told to say, and are given less personal freedom. Schools in many parts of the country have made new restrictions on what students are allowed to do with their hair, clothes, speech, and expression in print and on the internet. Students have been suspended, expelled, and even arrested for jokes, doodles, remarks taken out of context, or for wearing purple hair and black clothing. There is no doubt that schools must be safe places where we learn and take our education seriously, and never for granted. But we tend forget that school is a place where rights must be practiced and where students can express themselves without the fear of being denied these rights in a place where they truly matter. School is the prime place where we can not only learn our rights and the Constitution, but practice using our rights, both in school and outside of it. Despite the new restrictions, students do have rights.