Non-individualized (so-called "random") drug testing in public schools presents issues of Constitutional law on both the federal and state levels, particularly with regard to citizens' freedom from "unreasonable searches and seizures." The trend toward increasing acceptance of such testing by the courts (and particularly the U.S. Supreme Court)…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

The First Amendment to the Constitution is a cornerstone of American democracy and students, like all members of the nation, are entitled to its protections. This study investigates the level of knowledge of students' First Amendment rights among secondary preservice teachers in various disciplines and their confidence in dealing with First…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

The authors begin with a discussion of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its…

In order to determine the scope and nature of federal constitutional protection of the student press, this study examines 100 reported and unreported court cases dealing with censorship and punishment in public high schools and colleges. The study includes major sections on the Supreme Court ruling in "Tinker v. Des Moines School District" and its…