A Multicultural Sorority?

[MysticCat]

Originally Posted by DSTRen13

I'm not a lawyer or law student or anything close, so maybe someone can help me out with this. Where does the idea that public universities cannot regulate their students' on-campus actions come from?

It's not so much "regulating" students' conduct. It's that public universities are are agencies of (usually) state government, and therefore the prohibitions of the Bill of Rights -- such as not inhibiting free speech, free assembly or free exercise of religion -- apply to them. Public universities can regulate conduct up to a point, but there is a constitutional line they cannot cross. Private universities don't have to worry about that constitutional line. (They may have to worry about receiving federal funds, though.)

[DSTRen13]

Originally Posted by MysticCat

It's not so much "regulating" students' conduct. It's that public universities are are agencies of (usually) state government, and therefore the prohibitions of the Bill of Rights -- such as not inhibiting free speech, free assembly or free exercise of religion -- apply to them. Public universities can regulate conduct up to a point, but there is a constitutional line they cannot cross. Private universities don't have to worry about that constitutional line. (They may have to worry about receiving federal funds, though.)

I'm assuming, then, that the lower level public schools HAVE these same rights, just people do not usually do anything in protest for the underage students?

Sorry, I know this is such a complete hijack ...

[MysticCat]

^^^ If by "lower level" you mean public elementary, middle and high schools, then yes and no as to having the same rights. The courts have recognized basically an in loco parentis (in the place of the parent) theory as to some rights, so that, for example there is a much lower expectation of privacy (lockers and bookbags can be searched more freely than would be the case in the "real world") and dress codes forbidding, say, certain things on tee shirts can be enforced.

But on the other hand, the First Amendment gives rise to the whole line of cases about teacher-led prayer in schools and prayers at events like football games and graduation ceremonies. And it's been clear for a long time that, due to the First Amendment, students cannot be required to recite the Pledge of Allegience (or ostracized for not doing so).

I don't think there's been any lack of parents or students going to court regarding these rights.

[33girl]

Originally Posted by DSTRen13

I'm assuming, then, that the lower level public schools HAVE these same rights, just people do not usually do anything in protest for the underage students?

Sorry, I know this is such a complete hijack ...

Absolutely right.

Plus, the students there are often middle or lower class and trying to move up. They will do whatever the university tells them to get a degree and move forward. They don't have the luxury of protesting and finding another school.

This recently happened at my alma mater and to make a long story short, the students ended up having to cave to the school, even though their charges were unadulterated bullshit and they violated the students' rights about a jillion times over. These are guys who have to work to stay in school, whose parents sacrifice a lot for them to get a degree. In a situation like that your idealism of fighting for your cause pretty much goes out the window and practicality takes over.