Cover image for We the students : Supreme Court decisions for and about students
We the students : Supreme Court decisions for and about students
Raskin, Jamin B.
Personal Author:
Second edition.
Publication Information:
Washington, D.C : CQ Press, [2003]

Physical Description:
xviii, 285 pages : illustrations ; 26 cm
The Constitution and the courts of the United States -- The heart and soul of the Constitution : freedom of expression -- All the news fit to print at school : freedom of the student press -- Public schools and religion under the Constitution -- The Fourth Amendment : searches of students and their belongings -- Discipline and punishment : due process and the Eighth Amendment -- Equal protection : drawing lines by race, wealth, gender, citizenship, and sexual orientation -- Harassment in the halls : sexual harassment and bullying at school -- The health of the student body : disability, privacy, pregnancy, and sexuality.

Format :


Call Number
Material Type
Home Location
Item Holds
KF4150.A7 R37 2003 Adult Non-Fiction Non-Fiction Area
KF4150.A7 R37 2003 Adult Non-Fiction Non-Fiction Area
KF4150.A7 R37 2003 Adult Non-Fiction Non-Fiction Area

On Order



The newly revised second edition of We the Students includes:
- New Supreme Court cases along with noteworthy state and federal cases.
- More examples and exercises to provide readers with a greater understanding of constitutional law in a way in which they can relate and understand.
- Expert commentary about protecting students from bullying.
- New or expanded coverage of affirmative action; drug testing; school vouchers, discrimination based on gender, sexual orientation, or citizenship; student disabilities; and religion in school.

Author Notes

Jamin B. Raskin is professor of constitutional law and the First Amendment at American University Washington College of Law and founder of its Marshall-Brennan Fellows Program

Reviews 1

School Library Journal Review

Gr 9 Up-Teens know that the right to free speech is covered in the First Amendment-but what does that mean to them? Raskin, a constitutional law professor, puts that right, along with several others, into context, highlighting Supreme Court cases that affect students and schools. The book is organized into 10 chapters, opening with a brief overview of what the Constitution is and what it does before discussing free speech, censorship, religion, property searches, discipline, discrimination, harassment, and disabilities. Each chapter offers brief commentaries about cases that were argued before the justices and the text of the Court's decision (edited for brevity and clarity). In most instances, excerpts from the dissenting opinions follow the majority decision, presenting a balanced view of how the ruling was arrived at. Between the cases are exercises and discussion questions for students to further explore what they've learned. Sidebars provide definitions of legal terms and biographical information on some of the Supreme Court Justices. Appendixes include the full text of the Constitution and amendments and a comprehensive index. The text is well organized, easy to understand, and, most importantly, up-to-date. Raskin references decisions and incidents that occurred as recently as late 2007, illustrating how decisions of the past are being supported-or revisited-today. The writing is engaging and will spark students' curiosity about these issues. This excellent resource should be in all government classrooms.-Brandy Danner, Wilmington Memorial Library, MA (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Table of Contents

Mary Beth Tinker
Prefacep. ix
Forewordp. xvii
1 The Constitution and the Courts of the United Statesp. 1
The Constitution: What Is It?p. 1
The Constitution: Whose Is It?p. 1
The Constitution: What Does It Mean?p. 3
The Incorporation of the Bill of Rightsp. 4
The State Action Requirementp. 6
Judicial Architecture: How Our Court System Worksp. 6
Majority and Dissenting Opinionsp. 8
How to Brief a Casep. 9
2 The Heart and Soul of the Constitution: Freedom of Expressionp. 11
Expressive Conduct and the Right Not to Speakp. 12
West Virginia State Board of Education v. Barnettep. 14
The Right to Speak Freely and Protest (But Not to Disrupt)p. 22
Tinker v. Des Moines Independent Community School Districtp. 23
The Confederate Flag and Other Racially Provocative Symbolsp. 29
A Hirsute Lawsuit: Do Boys Have the Right to Wear Long Hair?p. 32
Karr v. Schmidtp. 34
Double Entendres and Double Standards: Lewd and Suggestive Language in a Student Government Campaign Speechp. 36
Bethel School District No. 403 v. Fraserp. 37
Coed Naked Civil Libertiesp. 41
Thought Control or Quality Control? The Problem of Library Book Removalp. 44
Viewpoint Neutrality and Religious Speech: Good News for the Free Speech Rights of Religious Americansp. 47
Good News Club v. Milford Central Schoolp. 48
3 All the News Fit to Print at School: Freedom of the Student Pressp. 55
Freedom of the Student Press in Official School-Sponsored Activitiesp. 56
Hazelwood School District v. Kuhlmeierp. 57
Squelching Debate: A Different Sort of Blair Witch-Huntp. 64
Cyber Censors: Rising Conflicts over Internet Homepagesp. 67
Killion v. Franklin Regional School Districtp. 68
4 Public Schools and Religion Under the Constitutionp. 71
Freedom from Establishment of Religion at Schoolp. 72
Engel v. Vitalep. 73
Saying a Benediction for Invocationp. 77
Lee v. Weismanp. 78
Santa Fe Independent School District v. Doep. 87
Government Aid to Private Religious Schools: When Does It Cross the Establishment Line?p. 93
Everson v. Board of Education of the Township of Ewingp. 93
School Vouchers: Revolution in the Making?p. 95
Zelman v. Simmons-Harrisp. 97
The First Amendment and the Ten Commandmentsp. 102
Stone v. Grahamp. 102
The Court's Agonizing Ambivalence over Christmas Nativity Displaysp. 105
One Nation, under Canada, with Constitutional Controversy for All: The New Establishment Clause over the Pledge of Allegiancep. 107
Newdow v. U.S. Congressp. 108
The Free Exercise Rights of Religious Americansp. 111
Wisconsin v. Yoderp. 111
The Theory of Evolution and the Story of Creation: An Ongoing Duel in the Classroomp. 117
5 The Fourth Amendment: Searches of Students and Their Belongingsp. 121
The Reduced Right of Students to Expect Privacy of Their Belongingsp. 122
New Jersey v. T. L. O.p. 123
Drug Tests and Strip Searchesp. 130
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earlsp. 131
The Crime of Hanging Out with Gang Members: "Loitering with No Apparent Purpose" in Chicagop. 140
City of Chicago v. Moralesp. 141
6 Discipline and Punishment: Due Process and the Eighth Amendmentp. 146
Due Processp. 147
Goss v. Lopezp. 148
Corporal Punishmentp. 153
Ingraham v. Wrightp. 153
Corporal Punishment in the Aftermath of Ingraham v. Wrightp. 159
7 Equal Protection: Drawing Lines by Race, Wealth, Gender, Citizenship, and Sexual Orientationp. 161
The Persistent Legacy of Slavery and Racismp. 162
Brown v. Board of Education of Topekap. 163
Two Steps Forward, One Step Back: "Massive Resistance" and the Reaction to Brownp. 167
Cooper v. Aaronp. 168
Griffin v. County School Board of Prince Edward Countyp. 170
The Right to Lovep. 173
Affirmative Action--or "Reverse Discrimination"?p. 174
Gratz v. Bollingerp. 176
Rich Schools, Poor Schools: The Court's Treatment of "Separate but Equal" School Financingp. 179
"Suspect" Classes and Sex-Based Segregationp. 182
Separating Citizens from Noncitizens under the Lawp. 185
Plyer v. Doep. 186
Discrimination against Gays and Lesbiansp. 194
Boy Scouts of America v. Dalep. 195
8 Harassment in the Halls: Sexual Harassment and Bullying at Schoolp. 202
When Teachers Harass Studentsp. 204
Gebser v. Lago Vista Independent School Districtp. 204
When Students Harass Studentsp. 206
Davis v. Monroe County Board of Educationp. 207
The Right of Gay and Lesbian Students against Harassmentp. 215
9 The Health of the Student Body: Disability, Privacy, Pregnancy, and Sexualityp. 219
The Rights of the "Differently Abled" under the Individuals with Disabilities Education Actp. 220
Cedar Rapids Community School District v. Garret F.p. 221
Owasso Independent School Dist. No 1-011 v. Falvop. 224
Three Trimesters: Pregnant at Schoolp. 227
Pfeiffer v. Marion Center Area School Districtp. 227
Curtis v. School Committee of Falmouthp. 231
Abortion and the Privacy Rights of Teenagersp. 233
Planned Parenthood of Southeastern Pennsylvania v. Caseyp. 233
Appendix A Supreme Court Confirmation Exercise: You Be the Judgep. 239
Appendix B United States Constitutionp. 243
Appendix C Glossaryp. 260
Appendix D Bibliographyp. 268
Appendix E Marshall-Brennan Fellows 1999-2003p. 272
Indexp. 275
Photo Creditsp. 285