Teachers and Students do not shed their rights at the school house gate
...e language was used. Fraser discussed his speech with three of his teachers. Two of the teachers testified at the trial that they informed Matthew the speech was "inappropriate and that he probably should not deliver it." They also mentioned that the speech might have "severe consequences," but none of the three suggested that the speech might violate a school rule. Matthew gave his speech, during which a school counselor observed the reaction of students. Some hooted and yelled; others appeared to be bewildered and embarrassed by the speech. One teacher reported that on the day following the speech, she found it necessary to forego a portion of the scheduled class lesson in order to discuss the speech with the class. The court ruled that the school has an obligation and responsibility not to expose kids to vulgar speech. Teacher’s rights have also been protected. In James v. Board of Education Deposit Central School District the court had to decide if a teacher had the right to wear an armband in class. This case is somewhat similar to Tinker; the teacher wore an armband to class but did not have a class discussion about it. The court found that since the teacher did not disrupt class and the students were on the high school level the right to wear the armband. The courts have also had to weigh in on the rights of schools to search students. The school is not held to the same standard as the police when it comes to probable cause. In the case of NJ v. T.L.O, A teacher at a New Jersey high school, upon discovering respondent, then a 14-year-old freshman, and her companion smoking cigarettes in a school lavatory in violation of a school rule, took them to the Principal's office, where they met with the Assistant Vice Principal. When respondent, in response to the Assistant Vice Principal's questioning, denied that she had been smoking and claimed that she did not smoke at all, the Assistant Vice Principal demanded to see her purse. Upon opening the purse, he found a pack of cigarettes and also noticed a package of cigarette rolling papers that are commonly associated with the use of marihuana. He then proceeded to search the purse thoroughly and found some marihuana, a pipe, plastic bags, a fairly subst...