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KNOW YOUR RIGHTS: STOP LETTING SCHOOLS, EMPLOYERS, AND LAW ENFORCEMENT VIOLATE YOUR RIGHTS
KNOW YOUR RIGHTS: STOP LETTING SCHOOLS, EMPLOYERS, AND LAW ENFORCEMENT VIOLATE YOUR RIGHTS
FREE SPEECH (FIRST AMENDMENT): PUBLIC SCHOOLS AND GOVERNMENT EMPLOYERS CANNOT PUNISH YOU FOR EXPRESSING YOUR OPINIONS OUTSIDE OF WORK/SCHOOL UNLESS IT DIRECTLY DISRUPTS THEIR FUNCTION. YET, STUDENTS AND EMPLOYEES ARE OFTEN SILENCED OVER SOCIAL MEDIA POSTS, POLITICAL VIEWS, OR EVEN PRIVATE CONVERSATIONS.
PRIVACY (FOURTH AMENDMENT): LANDLORDS CANNOT BARGE INTO YOUR APARTMENT WITHOUT PROPER NOTICE (EXCEPT IN EMERGENCIES). SCHOOLS CANNOT SEARCH STUDENTS' PERSONAL PROPERTY WITHOUT REASONABLE SUSPICION. YET, PEOPLE ACCEPT RANDOM INSPECTIONS AND ILLEGAL SEARCHES WITHOUT QUESTION.
DUE PROCESS (FIFTH & FOURTEENTH AMENDMENTS): IF YOU’RE BEING FINED, EVICTED, OR DISCIPLINED, YOU HAVE THE RIGHT TO A FAIR PROCESS. BUT MANY COMPANIES AND INSTITUTIONS USE ARBITRARY POLICIES TO PUNISH PEOPLE WITHOUT PROPER HEARINGS OR JUSTIFICATION.
YOUR RIGHTS DON’T DISAPPEAR JUST BECAUSE A RULE EXISTS. A POLICY ISN’T AUTOMATICALLY LEGAL JUST BECAUSE SOMEONE PUT IT IN WRITING. LEARN YOUR RIGHTS, QUESTION AUTHORITY, AND PUSH BACK WHEN NECESSARY. BECAUSE IF YOU DON’T, THEY’LL KEEP TAKING MORE.
YOUR RIGHTS DON’T DISAPPEAR JUST BECAUSE A RULE EXISTS. A POLICY ISN’T AUTOMATICALLY LEGAL JUST BECAUSE SOMEONE PUT IT IN WRITING. LEARN YOUR RIGHTS, QUESTION AUTHORITY, AND PUSH BACK WHEN NECESSARY. BECAUSE IF YOU DON’T, THEY’LL KEEP TAKING MORE.
YOUR RIGHTS DO NOT END
YOUR RIGHTS DO NOT END
WHERE THEIR RULES BEGIN!
SUPREMACY CALUSE- WHY FEDERAL LAW OVERRIDES STATES
SUPREMACY CALUSE- WHY FEDERAL LAW OVERRIDES STATES
FOUNDATIONAL AUTHORITY (WHY FEDERAL LAW OVERRIDES STATES)
🔹 SUPREMACY CLAUSE
U.S. CONSTITUTION, ARTICLE VI, CLAUSE 2
FEDERAL CONSTITUTIONAL RIGHTS OVERRIDE ANY CONFLICTING STATE LAW OR LOCAL POLICY.
INCORPORATION DOCTRINE
GITLOW V. NEW YORK, 268 U.S. 652 (1925)
FIRST AMENDMENT APPLIES TO STATES THROUGH THE 14TH AMENDMENT.
STATES, SCHOOLS, AND MUNICIPALITIES MUST OBEY CONSTITUTIONAL PROTECTIONS.
YOU CAN CITE THIS ANYTIME SOMEONE SAYS “IT’S OUR POLICY.”
FREE SPEECH (FIRST AMENDMENT)
🔹 STUDENTS DON’T LOSE RIGHTS AT SCHOOL
TINKER V. DES MOINES, 393 U.S. 503 (1969)
“STUDENTS DO NOT SHED THEIR CONSTITUTIONAL RIGHTS AT THE SCHOOLHOUSE GATE.”
SCHOOLS CANNOT PUNISH SPEECH UNLESS IT CAUSES MATERIAL AND SUBSTANTIAL DISRUPTION.
🔹 OFF-CAMPUS SPEECH PROTECTED
MAHANOY AREA SCHOOL DISTRICT V. B.L., 594 U.S. ___ (2021)
STUDENT PUNISHED FOR SNAPCHAT POST OFF CAMPUS.
SUPREME COURT RULED SCHOOL VIOLATED FIRST AMENDMENT.
SCHOOLS HAVE VERY LIMITED POWER OVER OFF-CAMPUS SPEECH.
PUBLIC EMPLOYEES PROTECTED
PICKERING V. BOARD OF EDUCATION, 391 U.S. 563 (1968)
GOVERNMENT EMPLOYEES CAN SPEAK ON MATTERS OF PUBLIC CONCERN WITHOUT RETALIATION.
PRIVACY / SEARCHES (FOURTH AMENDMENT)
SCHOOLS CAN’T SEARCH WITHOUT REASONABLE SUSPICION
NEW JERSEY V. T.L.O., 469 U.S. 325 (1985)
STUDENT SEARCHES MUST BE REASONABLE AND JUSTIFIED.
NO RANDOM OR ARBITRARY SEARCHES.
STRIP/BODY SEARCHES EXTREMELY LIMITED
SAFFORD UNIFIED SCHOOL DISTRICT V. REDDING, 557 U.S. 364 (2009)
STRIP SEARCH OF STUDENT UNCONSTITUTIONAL
SCHOOLS MUST HAVE STRONG, SPECIFIC JUSTIFICATION.
HOME PRIVACY STRONGEST PROTECTION
PAYTON V. NEW YORK, 445 U.S. 573 (1980)
GOVERNMENT CANNOT ENTER A HOME WITHOUT A WARRANT OR EMERGENCY.
THIS PRINCIPLE EXTENDS TO RENTALS/APARTMENTS.
TENANTS STILL HAVE FULL FOURTH AMENDMENT PROTECTION
CAMARA V. MUNICIPAL COURT, 387 U.S. 523 (1967)
GOVERNMENT INSPECTIONS OF HOMES REQUIRE WARRANTS OR CONSENT.
EVEN “HEALTH/SAFETY INSPECTIONS” CANNOT BYPASS PRIVACY RIGHTS.
(USEFUL WHEN LANDLORDS OR HOUSING AUTHORITIES TRY “MANDATORY INSPECTIONS.”)
DUE PROCESS (5TH & 14TH AMENDMENTS)
🔹 STUDENTS ENTITLED TO HEARINGS
GOSS V. LOPEZ, 419 U.S. 565 (1975) (OHIO CASE)
STUDENTS MUST RECEIVE NOTICE + OPPORTUNITY TO RESPOND BEFORE SUSPENSION.
SCHOOLS CANNOT PUNISH WITHOUT DUE PROCESS.
GOVERNMENT BENEFITS/PROPERTY RIGHTS PROTECTED
GOLDBERG V. KELLY, 397 U.S. 254 (1970)
GOVERNMENT CANNOT TAKE BENEFITS/RIGHTS WITHOUT A FAIR HEARING.
ARBITRARY GOVERNMENT ACTION UNCONSTITUTIONAL
MATHEWS V. ELDRIDGE, 424 U.S. 319 (1976)
SETS TEST FOR REQUIRED DUE PROCESS PROTECTIONS BEFORE DEPRIVATION.
LANDLORD / HOUSING RIGHTS (FEDERAL PRINCIPLES THAT OVERRIDE LEASE “RULES”)
TENANT HAS PROPERTY RIGHTS
GREENE V. LINDSEY, 456 U.S. 444 (1982)
EVICTIONS REQUIRE PROPER NOTICE AND DUE PROCESS.
LEASE RULES CANNOT WAIVE CONSTITUTIONAL PROTECTIONS
SHELLEY V. KRAEMER, 334 U.S. 1 (1948)
PRIVATE CONTRACTS CANNOT BE ENFORCED IF THEY VIOLATE CONSTITUTIONAL RIGHTS.
“IT’S IN THE LEASE” DOES NOT AUTOMATICALLY MAKE IT LEGAL.
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