Your rights at school: searches, phones, speech

Public schools and private schools are different

The Constitution limits the government. Public schools are part of the government, so the Constitution applies there. Private schools are not. At a private school, your rights mostly come from school rules, your enrollment agreement, and state law.

Searches of you and your bag

• School staff do not need a warrant to search you or your bag.
• They do need reasonable suspicion, meaning a specific reason to think you broke a law or school rule. The Supreme Court decided this in New Jersey v. T.L.O. (1985).
• The search must fit the reason. It cannot be much more invasive than needed.
• In Safford Unified School District v. Redding (2009), the Court said a strip search for pain pills went too far.
• Lockers and desks often belong to the school. Many schools say in their rules that they can check them.

Saying "I do not consent" still matters. It shows you did not agree. Do not physically stop the search.

Searches of your phone

• The Supreme Court has not decided a case about schools searching phones.
• Many courts use the same reasonable suspicion test from T.L.O.
• A school may be allowed to take your phone under its rules. Looking through it is a bigger step.
• Some states have laws that limit phone searches at school.

Questioning by school staff

• Teachers, principals, and counselors can ask you questions without reading you your rights.
• Refusing to answer school staff could affect school discipline.
• What you tell school staff can be shared with police.
• You can ask: "Can I call my parent or guardian first?"

Questioning by police at school

• If a police officer questions you, you have the right to remain silent. This includes school resource officers, meaning police officers assigned to a school.
• Ask: "Are you a police officer?"
• Say clearly: "I want to remain silent. I want a lawyer." Asking only for a parent may not count as using your rights.
• In J.D.B. v. North Carolina (2011), the Court said a young person's age matters when deciding if they were in custody.
• Some states require police to contact a parent or let a young person talk to a lawyer before questioning.
• Courts disagree about which search rules apply when a school resource officer does the search.

Free speech at school

• In Tinker v. Des Moines (1969), the Court said students keep their free speech rights at school. A school can limit speech that would seriously disrupt school or invade others' rights.
• Schools can limit vulgar speech at school events. They can also limit speech that seems to promote illegal drug use.
• Schools have more control over school-sponsored speech, like an official school newspaper.

Posts you make off campus

• In Mahanoy Area School District v. B.L. (2021), a student posted a vulgar message on Snapchat on a weekend, away from school. The Court said the school could not punish her for it.
• The Court said schools have less power over off-campus speech. It did not say schools have no power.
• Schools may still act on threats, bullying, or harassment, even when it happens off campus.

At a public college

The First Amendment applies at public colleges. Courts usually give college students more free speech protection than younger students.