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Old 11-02-2002, 01:08 PM
IvySpice IvySpice is offline
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Join Date: Jul 2002
Posts: 591
Sure they can

Private schools can wield tremendous power over the students. Attending a private school is a privilege. Religious private schools, in particular, often require students to pledge that they won't have sex, swear, or skip church -- all of which they are constitutionally entitled to do. If you agreed to follow school rules when you enrolled, you're out of luck. They can absolutely expel you for failure to follow the rules. In fact, they have a constitutional right (freedom of association) to do so.

If they take federal money, they can't kick you out because of your race or national origin. But that's just about the only limitation. Schools that don't take federal money (Bob Jones U.)can do virtually whatever they want.

The constitution places limits only on the government. A private citizen or organization which denies you freedom of speech or privacy may (if they aren't careful) be violating state criminal laws, but they are NOT violating your constitutional rights. The GOVERNMENT has to get a warrant before they tap your phone. The GOVERNMENT can't punish you for having a bumper sticker on your car. You school can.

Even the government can do almost whatever it wants if it has your permission. Think of West Point! The cadets sign away their lives when they enter, and the school can control every detail of their behavior.

I don't have enough information here to gauge whether this school is violating any state laws, but "rights" just aren't relevant to the analysis.

Ivy, J.D.
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