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Posted by / 08-Dec-2019 20:35

When a teacher enquired whether they could cross to the Canadian side of Niagara Falls using their high school identification cards, the students were singled out and interrogated for nine hours about their legal status by US immigration officials. Some students were sent to the library where two uniformed and armed police officers and a sheriff's deputy "appeared to be in charge," according to a student affidavit.

The US Court of Appeals for the Eighth Circuit ruled in 2004 against a search conducted by the Little Rock School District. The ACLU went to federal court on behalf of three students.

"Silent meditation" was really about religion, the Court said, and since the law lacked a secular purpose, it violated the ruled in 1997 that teachers who strip-searched two eight-year-old second grade girls in Talladega cannot be sued because they were acting in good faith. The money was never found, and it was never clearly established if it had in fact been taken, or misplaced.

The girls' lawyers had argued that since 1980, strip searches had been found unconstitutional in every case in which neither weapons nor drugs were involved.

In his majority opinion, Chief Justice John Roberts stated: "We hold that schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use." In his strongly worded dissent, Justice Stevens declared "that the school's interest in protecting its students from exposure to speech 'reasonably regarded as promoting illegal drug use' cannot justify disciplining Frederick for his attempt to make an ambiguous statement to a television audience simply because it contained an oblique reference to drugs.

They were among a group of nine high-achieving Latino students who had traveled to New York as part of a school field trip to participate in a prestigious international solar-powered boat competition. A district court upheld the search even though it was conducted without "individualized suspicion" of wrongdoing as the Supreme Court had required in the 1985 T. Twenty students received suspensions, and more than ten others were disciplined in other ways.

After the US Supreme Court had ruled that prayers in schools were unconstitutional, the Alabama legislature tried to get around that ruling by passing a law authorizing teachers to start each school day with a "moment of silent meditation or voluntary prayer." But in the 1985 case of Wallace v.

Jaffree, the Court ruled this law was unconstitutional.

Dissenting judges on the Appeals Court were concerned by the multiple searches to which the two children were subjected: first their backpacks were searched, and then they had to take off their socks and shoes.

When nothing was found, they were escorted to the bathroom – not once, but twice! In his dissent, Senior Circuit Judge Kravitch wrote, "The second strip search was even more blatantly unconstitutional, as no one could reasonably argue that it was necessary after the fruitless prior search...

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Judge Andrew Kleinfeld said his speech was not "vulgar, lewd, and obscene" and did not cause any disruption.