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Summer 2008 • Vol. 35, No. 3

Summer 2008 - Student Rights


Includes Articles on:

Freedom of Speech
Student Journalists
Privacy
Gender and race equality
Health Rights

Human Rights Hero:
Mary Beth Tinker

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Introduction

Taking Stock of Student Rights Forty Years after Tinker
by Stephen J. Wermiel

Next February marks the fortieth anniversary of the decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the high watermark in U.S. Supreme Court recognition of the rights of students in school. It is an appropriate time to take stock of the rights of students and the issues they face in school.

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Articles

Student Speech: The Enduring Greatness of Tinker
by Jamin B. Raskin

The Supreme Court’s decision in Tinker made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems.


A Conversation with Mary Beth Tinker

As the fortieth anniversary of the landmark decision in Tinker approaches, Mary Beth Tinker reflects on student rights today.


Student Journalism Confronts a New Generation of Legal Challenges
by Frank D. LoMonte

The idea that student journalists in colleges and high schools are entitled to First Amendment protection from school censorship is now well-settled law. But the extent of that protection is being tested by subtler and less direct forms of censorship, which courts have confronted with varying results.


Student Privacy versus Campus Security: An Overstated Conflict
by Daniel Silverman

The shootings at Virginia Tech are viewed as illustrative of a direct conflict between student privacy and campus security. While tension exists between these values, it is inaccurate to characterize them as directly in conflict. In fact, federal privacy protection law provides plenty of opportunities for information sharing in situations where campus security may be implicated. In addition, campuses are, for the most part, safe.


Abstinence-Only Education: Violating Students' Rights to Health Information
by Leslie M. Kantor

By censoring and distorting information and prohibiting teachers and health educators from providing factual information, abstinence-only programs raise numerous human rights and ethical concerns. There is some hope that a change in the federal administration as well as the growing body of evidence that abstinence-only programs do not work will lead to a change in policy at both federal and state levels.


The Need to Address Equal Educational Opportunities for Women and Girls
by Ariela Migdal, Emily J. Martin, Mie Lewis, and Lenora M. Lapidus

While all students are vulnerable to assaults on their rights, girls and women face distinct challenges with the increasingly popular notion of sex-segregated educational programs, the lack of opportunities as a result of sexual violence, and the inadequate educational programs for girls in the juvenile justice system.


The Speech Divide: GLBT Students Struggle for Visibility and Safety
by Sarah Warbelow

As GLBT students seek to be recognized as a vital part of the academic community, their freedom of speech can be threatened by schools’ efforts to minimize their visibility.


The Need for Equal Opportunity and a Right to Quality Education
by Paul Weckstein and Stephen J. Wermiel

In the absence of a clearly delineated right to quality education, the nation’s school systems are undertaking a variety of educational reforms aimed at improving schools, raising overall achievement, and closing achievement gaps for disadvantaged and other particular groups of students.


Human Rights Hero: Mary Beth Tinker
by Stephen J. Wermiel

Mary Beth Tinker has been standing up for the rights of students for more than forty years, and one of the things that keeps her going is the young people she meets who are also willing to fight for what they believe.


Current Issue

Last Year

Fall 2008 - Shaping the Future
Summer 2008 - Student Rights
Spring 2008 - Veterans' Rights
Winter 2008 - U.S. Foreign Aid

About Human Rights Magazine

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Published quarterly by ABA Publishing, Human Rights covers a wide range of topics in the human and civil rights arena. While the subscription is free of charge for Section members, individual subscriptions may be purchased for $18 by calling the American Bar Association Service Center at 1-800-285-2221. Additional annual subscriptions for Section members are $3 each.

If you are a member of the ABA but not the Section of Individual Rights and Responsibilities then we encourage you to join today. If you are not a member of the ABA then we encourage you to visit the ABA membership page. You can also resolve membership issues by calling 1-800-285-2221.

Please note that all information appears as it did when originally published. Therefore, some biographical information about the authors may no longer be accurate.

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