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September-October 2016 NSDA Public Forum: Student Rights

September-October 2016 NSDA Public Forum: Student Rights

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Big Sky Debate is pleased to release its September-October 2016 NSDA Public Forum resources on Student Rights!

The resolution, released by the National Speech and Debate Association on August 8, 2016 is:

Resolved: In United States public K-12 schools, the probable cause standard ought to apply to searches of students.

A list of briefs for this book appears below.

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Student Rights Index

META

  • NEW JERSEY VS. TLO
  • REASONABLE SUSPICION DEFINED
  • PROBABLE CAUSE STANDARD DEFINED

PRO

  • PROBABLE CAUSE JUSTIFIED: MUST TURN THE TIDE AGAINST STUDENT RIGHTS
  • PROBABLE CAUSE JUSTIFIED: CONSTITUTION SHOULD APPLY TO STUDENTS IN SCHOOLS
  • PROBABLE CAUSE JUSTIFIED: ZERO TOLERANCE POLICIES HAVE INCREASED THE NEED OF FIRMER STUDENT RIGHTS
  • PROBABLE CAUSE JUSTIFIED: ZERO TOLERANCE POLICIES INEFFECTIVE
  • PROBABLE CAUSE JUSTIFIED: STUDENTS ARE COERCED INTO SEARCH
  • PROBABLE CAUSE JUSTIFIED: SCHOOLS USE ENHANCED INTERROGATION THAT TAKES ADVANTAGE OF IMMATURE JUVENILES
  • PROBABLY CAUSE JUSTIFIED: “SPECIAL NEEDS” EXEMPTIONS BAD
  • PROBABLE CAUSE JUSTIFIED: “SPECIAL NEEDS” HAS A VERY LOW BAR
  • PROBABLE CAUSE JUSTIFIED: COURTS HAVE HISTORICALLY DEFERRED TO INDIVIDUAL SUSPICION
  • PROBABLE CAUSE JUSTIFIED: HARMS TO 4TH AMENDMENT ARE HURT THE POOR AND MINORITIES
  • PROBABLE CAUSE JUSTIFIED: WIDE SEARCH POWER HURTS THE ABILITY TO TEACH FUTURE CITIZENS
  • PROBABLE CAUSE JUSTIFIED: WIDE SEARCH POWER TURNS SCHOOLS INTO PRISONS
  • PROBABLE CAUSE JUSTIFIED: WIDE SEARCH POWER PRONE TO ABUSE, EVEN IF IT PROVIDES BENEFIT
  • PROBABLE CAUSE JUSTIFIED: SCHOOLS NOT APPROACHING SEARCH WITH EDUCATION IN MIND
  • PROBABLE CAUSE JUSTIFIED: SCHOOLS WILL RESPOND BETTER TO NARROW OR STRICT RULES
  • PROBABLE CAUSE JUSTIFIED: UNLIMITED SEARCH POWER PERPETUATES CULTURE OF CONTROL
  • PROBABLE CAUSE JUSTIFIED: REASONABLENESS STANDARD BAD
  • PROBABLE CAUSE JUSTIFIED: DRUG TESTS BAD
  • PROBABLE CAUSE JUSTIFIED: STRIP SEARCHES BAD
  • LOCAL OR REGIONAL STANDARDS BAD: INCONSISTENT STANDARDS ARE CONFUSING AND DANGEROUS
  • LOCAL OR REGIONAL STANDARDS BAD: CREATES DIFFERENTIAL TREATMENT BASED ON RACE
  • LOCAL OR REGIONAL STANDARDS BAD: COURTS ADMIT NO CLEAR STANDARD EXISTS
  • POLICE IN SCHOOLS: JUSTIFIES PROBABLE CAUSE STANDARD
  • POLICE IN SCHOOLS: SCHOOL USING AGGRESSIVE INTERROGATION, HARMING STUDENTS
  • POLICE IN SCHOOLS: POLICY MAY OR MAY NO BE HELD TO CONSTITUTIONAL STANDARDS IN SCHOOLS
  • POLICE IN SCHOOLS: STANDARDS ARE LOWERED FOR LAW ENFORCEMENT IN SCHOOLS DUE TO LACK OF 4TH AMENDMENT PROTECTIONS
  • POLICE IN SCHOOLS: WIDE POLICE POWERS IN SCHOOLS = ABUSE
  • SLIPPERY SLOPE: STUDENT RIGHTS ARE AN IMPORTANT LABORATORY OF BROADER RIGHTS
  • A/T: DRUG USE JUSTIFIES ERODED 4TH AMENDMENT
  • A/T: SEARCHES HAVE GOOD OUTCOMES/ARE WELL-INTENTIONED
  • A/T: COURTS PROTECTING STUDENTS
  • A/T: COURTS GRANT WIDE POWERS, JUSTIFYING THE SITUATION
  • A/T: MUST BALANCE INTERESTS

CON

  • BALANCING CONCERNS JUSTIFIED: PRIVACY DEBATES SHOULD HAPPEN AT THE SCHOOL LEVEL
  • BALANCING CONCERNS JUSTIFIED: SCHOOLS ARE UNIQUE, REQUIRING A BALANCED APPROACH
  • BALANCING CONCERNS JUSTIFIED: T.L.O. BALANCES STUDENT RIGHTS AND NEED FOR FLEXIBILITY APPROPRIATELY
  • BALANCING CONCERNS JUSTIFIED: COURTS HAVE CREATED A CAREFUL BALANCE
  • CURRENT STANDARDS GOOD: STUDENTS HAVE MOST RIGHTS THEY HAVE ENJOYED IN HISTORY
  • CURRENT STANDARDS GOOD: INVASIVE SEARCHES ARE BLOCKED BY CURRENT STANDARDS
  • CURRENT STANDARDS GOOD: SUPREME COURT HAS HELD THAT ENHANCED SCHOOL SEARCH POWER IS CONSISTENT WITH THE 4TH AMENDMENT RIGHTS OF STUDENTS
  • CURRENT STANDARDS GOOD: STUDENTS HAVE DUE PROCESS RIGHTS, EVEN WITHOUT PROBABLY CAUSE
  • CURRENT STANDARDS GOOD: STUDENT RIGHTS ARE MINDED WHILE ALLOWING FOR FLEXIBILITY
  • CURRENT STANDARDS GOOD: EXISTING APPLICATION OF THE 4TH AND 5TH AMENDMENTS PROVIDE ADEQUATE PROTECTIONS FOR STUDENTS
  • CURRENT STANDARDS GOOD: CURRENT STANDARDS BALANCE SAFETY AND STUDENT RIGHTS
  • CURRENT STANDARDS GOOD: REASONABLE SUSPICION STANDARD HAS BEEN HONED BY COURTS
  • CURRENT STANDARDS GOOD: “SPECIAL NEEDS” EXEMPTIONS TO THE 4TH AMENDMENT GOOD
  • CURRENT STANDARDS GOOD: REASONABLE SUSPICION STANDARD GOOD
  • CURRENT STANDARDS GOOD: 4TH AMENDMENT ITSELF CALLS FOR REASONABLE SEARCH
  • CURRENT STANDARDS JUSTIFIED: SCHOOL OFFICIALS ARE NOT LAW ENFORCEMENT OFFICERS
  • CURRENT STANDARDS JUSTIFIED: SCHOOLS ARE RESPONSIBLE FOR STUDENT SAFETY AND CARE, JUSTIFYING FLEXIBILITY ON SEARCH
  • CURRENT STANDARDS JUSTIFIED: SCHOOL SAFETY JUSTIFIES LOWERING STUDENT RIGHTS PROTECTIONS
  • CURRENT STANDARDS JUSTIFIED: MINORS ARE DUE LESS PRIVACY RIGHTS
  • CURRENT STANDARDS JUSTIFIED: VULNERABILITY OF MINORS JUSTIFIES EXCEPTIONS TO RULES
  • CURRENT STANDARDS JUSTIFIED: COURTS HAVE CONSISTENTLY HELD UP ENHANCED SEARCH FOR SCHOOLS
  • CURRENT STANDARDS JUSTIFIED: DRUGS JUSTIFY ENHANCED SEARCH FOR SCHOOLS
  • CURRENT STANDARDS JUSTIFIED: DRUG TESTS JUSTIFIED
  • PROBABLE CAUSE IN SCHOOLS BAD: IMPRACTICAL
  • ALTERNATIVE: ETHIC OF THE PROFESSION APPROACHES SOLVE
  • A/T: DRUG DOGS BAD
  • A/T: STRICT OR NARROW STANDARDS GOOD
  • A/T: 4TH AMENDMENT JUSTIFIES PROBABLE CAUSE

 


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