New Jersey v. T.L.O. (1985)

Real World Case Study:
Vernonia School District 47J v. Acton (1995)

Introduction

Read the article about student James Acton. Answer the following questions:

  1. What is the constitutional issue?

  2. What are Acton's arguments?

  3. What arguments do you think the school would give?

  4. What is the standard regarding student search and seizure that the Supreme Court of the United States adopted in New Jersey v. T.L.O? Based on this standard, how do you think the Court will rule in Vernonia School District 47J v. Acton?

Find out how the Supreme Court of the United States ruled by reading the case abstract at Oyez, or by reading the full text of the decision at FindLaw."


Questions to Consider:

  1. What was the Court's ruling in Vernonia School District 47J v. Acton?

  2. What rationale does the Court provide for its decision?

  3. Do you agree or disagree with this decision? Explain.

For Further Thought:

  1. Reaction to the idea of drug testing of student athletes has been mixed. On one hand, the National Drug Strategy Network reports on Congress Proposes Drug Testing All High School Students. What legislation did Congress hope to pass? Do you think that the Supreme Court of the United States would ever allow this? Explain.

  2. Next, visit the ACLU's site "Back to School—and a Test You Can't Study For." Why do some families oppose drug testing? What are some of the steps they've taken to end drug testing? What have the consequences been?

  3. On November 8, 2001, the Supreme Court of the United States granted review in a case from a small town in Oklahoma that asked the Court to expand its Vernonia ruling by saying that all public school students involved in extracurricular activities can be randomly tested for drug use. Given what you know about the Court's ruling in Vernonia, how do you think the Court ruled in this case, Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, et., al?

  4. Find out how the Court ruled by clicking on Board of Education v Earls.

  5. What rationale does the Court provide for its decision in Earls? Do you agree or disagree with this decision?

Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

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Reading Level
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Reading Level
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Reading Level

Diagram of How the Case Moved Through the Court System
 
Listen to the Oral Arguments
 
Key Excerpts from the Majority Opinion
 
Key Excerpts from the Concurring Opinion
 
Key Excerpts from the Dissenting Opinions
 
Full Text of the Majority Opinion

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Activities
    The Case
Setting the Stage: Teacher/Student Simulation
 
You Decide: Is This a Legal Search?
 
How Do Students' Rights Compare to Adults' Rights?
 
Should the Exclusionary Rule Apply to Searches Conducted by School Officials in a School Setting?
 

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    After the Case
Real World Case Study: Vernonia and Earls
 
Search and Seizure WebQuest/Mock Trial
 

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    Additional
    Resources:
Ask Sybil Liberty about Your Right to Privacy
 
The ACLU's Student Rights Page
 
The American School Board Journal: School Law Archive
 
Search and Seizure Simulation and Discussion
 
Search and Seizure Simulation and Dramatization
 

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