Law and Ethics Essay Example | Topics and Well Written Essays - 1000 words

Law and Ethics - Essay ExampleAs per the court ruling, educatees do not lose their constitutional rights of expression or granting immunity of speech while entering into the school. The First Amendment Rights of Students are violated when they are suspended from the schools for non-disruptive activities such as wearing armbands. The key point is that substantial or material disruption of school activities must be proved or invasion of the rights of other fellow students must be established before put a restriction on their activities. This basic ruling became the guiding principle for schools to issuance any action against the students. Simply speaking, school system cannot proclaim kerfuffle with the purpose of the school just to control speech or dress of the students as in every(prenominal) likely hood it would form a irreverence of the First Amendment principle. The Tinker case is ambiguous in the sense that it is difficult for schools to find out when the dress becomes di sruptive. Again, it could be difficult for the school to find who is cause the disruption the one who is wearing the offensive dress or the one who gets offended. Many schools have the policy of prohibiting the visible display of the Confederate flag because it whitethorn cause the disruption in the school activities however, many cite the judgment of the Tinker case and want them to wear the Confederate flag. School systems need to take their stand based on the situation that whether the Confederate wearing is racially charged to cause disruptions then the school officials have the full right to hinder or ban such wearing. 7. Compare and contrast the criteria required for police officers and public school personnel for searching a student. The Bigger the need, the more prying the search. What does this mean? Please incorporate examples when defining bigger and busybodied. What role do parents play in a search of their squirt or their childs possessions at school? Answer Schoo l officers can search a student when they have a reasonable cause though the twenty-five percent Amendment does enforce protection to the citizens for unreasonable searches. The Fourth Amendment of the US Constitution comes to the rescue of students and protects their privacy rights at school however, it does not mean that they cannot be searched. Again, it is necessary for a police officer to have a reasonable cause to conduct a student search however, students do not have the same direct of protection from searches while in the school. In the circumstances when school officials suspect the student in possession of a gun, they can conduct an intrusive student search. The bigger the need, the more intrusive the search should be seen in this perspective. When safety of the other students or entire school is at risk, school officials have all right to conduct intrusive student search to recover the weapon from the student. In matters of smoking and similar matters, an intrusive sear ch is not necessary. For any intrusive search, it is required that it is done by some higher level official of the school however, that will take into account the factors such as gender, age of the student, the compass point being searched, the urgency of the matter, and availability of the official while conducting a search. Intrusive searches can be done after taking the approval of school overseer by the same gender person, and in the presence of adult