Ask the judge: know your rights in school

When can I drive the family car? What happens to me if my parents get a divorce?

Former Arizona Assistant Attorney General Thomas Jacobs decided to create a site to answer these questions that young people typically have. Askthejudge.info tells you everything you ever wanted to know about the law in easy-to-understand language. You can also learn about important new decisions in the nation’s top courts, and talk to other teens about the law.

We talked to Judge Jacobs today and asked him some questions about rights for students in schools:

Do administrators have the right to censor a school newspaper?

The rule today is that they can exercise their right to censor because public schools are not considered public forums. The first amendment does apply to all students and teachers in terms of free speech within limits, but those are not absolute rights. You have a right to say it but there are consequences.

What does the law say about bringing a same-sex date to the prom?

The law says public schools that receive federal funding cannot discriminate. But the schools can cancel the prom altogether, that way no one is discriminated against.

How about a teen’s right to wear a religious item at school? What if dress code forbids it?

If the school has a law that says there is no jewelry allowed whatsoever, then that’s not discrimination. But if they rule out a certain type of jewelry, that’s discriminatory and that’s illegal.

If you get in a fight with a classmate online, can the school intervene?

Almost every school says that if there’s any abuse of the school computers then there will be consequences. The question is whether the school can discipline for creating a violent comment off campus. The courts are split on this. The bottom line in all these cases is the disruption test, and that says that if a student does anything to make a disruption on campus, then the school has the authority to discipline.

What can you do?

Start an awareness campaign about student rights in your school.