Because freedom can't protect itself
Why did the student disobey the school policy of no phones on during class? That would be 100% of all schools. Student Guilty count 1. It had nothing to do with color it has to do with respect for your education. Oh who cares, next this student will be doing something else against school policy and yeah you'll cry foul. If you win then I will tell my children that your teacher can go to the dickens that talking on cell phones during class is the right thing to do. Do you have any other good advice for me. Like miss every other day that would be a good one.
It is important that we all understand that rights are rights and that if you are a goverment offical of anytype you can not just violate someones rights. Were was the probabable cause that let these goverment officals open his phone in the first place?
The student's violation of a school regulation does not mean that the school can violate his civil rights. Checking a text message from your parent does not give a school license to do whatever they please. Due process is a law. No cell phones in class is a rule. Guess which takes precedence?
The student should of followed school policy!!! What a responsible way to show respect for policy and procuders,by trying to get them out of an act of irresponsibilty!! How proud the parents must be teaching their children, if you do wrong we can get you out of it.THIS REALLY ISN'T RIGHT !!
The Problem is that they searched through the phone with no reason too. The Phone is his property, not the Schools. This is happening at more and more schools, including mine. My parents sometimes text me during school with a question, sometimes they want it right then and there. The schools say that a parent can just call the school and they will relay the message but does that sound good to anyone when there kid has a cell phone right on them, wasting the school officials time. Texts I don't see as a problem as long as they are not during a test or all the time or disturbing anyone in anyway.
The ACLU is not against confiscating phones when they become disruptive in class, they're against unreasonable searches, a blatant violation of rights under the fourth amendment. It's also quite close-minded to assume that it wasn't a racial issue, as accusing a black teenager of gang activity based on a few pictures taken inside his own home is ridiculous. Based on the description given above, he was only dancing, and he probably gave a "gang sign" which probably means nothing. If a white child did the same, it probably would have been assumed that he was being silly. Also, having your cell phone on during school does not mean you lack respect for your education. Virtually every student, even honors students such as Richard Wade, these days has a cell phone and leaves it on during school. If a phone is left on silent or vibrate, it's undetectable and only disruptive when used during instruction. Hell, he wasn't even texting his friends... he was reading a text message from his father! What if it was an emergency?
In regards to Smith comments, wow, you cannot be serious. Some people cannot look at the big picture. It is not about using his phone during class, the fact of the matter is that they illegally search his phone and then made broad assumptions that his private photos were gang related activity. Hello did you not read the whole thing. It is amazing how much ignorance really does exist in this world.
First of all, almost ALL high and middle-school students have and use cell phones at school. Obviously, possession of one is no reason to suspect gang activity. Secondly, the suit does not take issue with the school policy of confiscating cell phones and holding them for five days, etc; what is at issue here is the unreasonable search of the phone's contents and the ridiculous overreaction of the school board. What "Smith" fails to understand is that even when students violate school policy, they do not give up ALL of their rights.
Next time you simply run a stop sign or something similar we'll let the cop arrest you and dump you in jail without ever having a trial.
Point being: By breaking a rule or law, you don't automatically shed all of your rights. In fact, there are certain laws created to specifically PROTECT those who do in addition to those rights you already have.
I DO NOT GIVE A DAM ABOUT WHAT THE SPOILED KID AND PARENTS EXCUSE FOR HAVING A PHONE IN CLASS IS. IF IT DISRUPTS MY KIDS EDUCATION THAN IT SHOULD NOT BE ALLOWED. I BET AND I COULD BE OFF BASE HERE BUT WE ALL LIVED THROUGH OUR CLASSES WITHOUT CELL PHONES. WOW AMAZING
You know what I think about these spoiled brats and parents and their cell phones at school. Let them all go to class rooms that have others that want to talk on the phone during class and hell let them bring their computers, playstations and TVs and then they can study if they have time. Then the other kids who know better than to bring cell phones to class can be taught the way we were raised and learn something.
Reminds me one time at the beach my frisbee got caught in a gust of wind, hit a women's leg, she turned to me and said, "Do that again and I'll sue."
With ACLU backing her I would lose a gender discrimination suit, and the frisbee manufacturer would be forced to pay millions.
Thanks ACLU for turning relationships into a lawsuit lottery.
I do agree With the fact that confinscating the phone was correct but they should not have gone through his phone that's his own privacy
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For the people on here that don't see the real reason this lady is standing up for her son. I applaud her because this is NOT just an isolated event. This has been going on for as long as the word "gang-activity". If you can't understand then you haven't been a victim of racial profiling because of your color. The school board feels like they make any rules as they go along and nobody needs to question it because they are the school board. Well I am sorry for the people that really don't understand because you NEVER will. We are not saying that it is ok for a student to use the cell phone. The student was wrong for violating that rule. The problem is simply this: The school board relied on the information from police department that
the officer was "CERTIFIED" in identifying "gang activity". Look at pictures of "gang activity, language or hand gestures doe not make you "CERTIFIED". You must go with another officer in a "Well-known" "gang-infested" location and personally get training from the officer and past gang members. I have no clue what "gang-activity is and just by seeing something on paper does not make me "CERTIFIED" in it. If a teacher wants to teach...she must get officially "CERTIFIED" by the state. People every has an opinion...but please see all the facts. Rights were violated....and if you can't see that then you are ignoring the prejudice status of Southaven and the DeSoto County School Board that has been going on for years. The truth must be told!
Bottom Line.... Safety comes first! You act first ask questions later when it comes to safety. Obviously, the school official felt the safety of the students was more important than that student's privacy. The same is true if you feel that a student has a weapon, bomb, etc. You have to make snap judgements sometimes. Obviously, that official made the right choice because he found gang activity on that kid's phone. Guess what... If a student passes a note in class, the teacher reads it. If it has gang signs in it, cuss words, threats, etc., what do you think is going to happen. When you choose to break the rules, you choose to lose your rights with regards to that item! Safety first! Our kids are too precious to worry about privacy rights.
Guess who filed the suit? Guess who wrote the article you are reading? Don't you think the article is a little one-sided?
Does skin color affect a student’s education? When I first read this article I at first leaned towards Richard’s side. Then after reading more I could see where the school was coming from. The school was, or seemed like; they were trying to keep other students safe from gang related activities. But the procedure they used was wrong. They intruded into his privacy by looking into his phone and assuming that pictures in his phone were related to some kind of gang activity. It wasn’t only the school that was wrong but also Richard. He shouldn’t have had his phone with him in the first place. Again the school was right to take his phone but not to search. They had no cause to search except, it sounds like, Richard’s skin color. All in all, Both sides were wrong on some points and right on others.
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