Abstract

http://ssrn.com/abstract=2430933
 


 



School Surveillance and the Fourth Amendment


Jason P. Nance


University of Florida Levin College of Law

April 29, 2014

2014 Wisconsin Law Review 79 (2014)

Abstract:     
In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school crime, and school disorder. These empirical findings are problematic on two related fronts. First, research suggests that students subjected to these intense surveillance conditions are deprived of quality educational experiences that other students enjoy. Second, the use of these measures perpetuates social inequalities and exacerbates the school-to-prison pipeline.

Under the current legal doctrine, students have almost no legal recourse to address conditions creating prison-like environments in schools. This Article offers a reformulated legal framework under the Fourth Amendment that is rooted in the foundational Supreme Court cases evaluating students’ rights under the First, Fourth, and Fourteenth Amendments. The historical justification courts invoke to abridge students’ constitutional rights in schools, including their Fourth Amendment rights, is to promote the educational interests of the students. This justification no longer holds true when a school creates a prison-like environment that deteriorates the learning environment and harms students’ educational interests. This Article maintains that in these circumstances students’ Fourth Amendment rights should not be abridged, but strengthened.

Number of Pages in PDF File: 59

Keywords: Fourth Amendment, Search and Seizure, Education Law, Constitutional Law, School Law, Civil Rights

JEL Classification: K00, I20, K14, K32

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Date posted: April 30, 2014  

Suggested Citation

Nance, Jason P., School Surveillance and the Fourth Amendment (April 29, 2014). 2014 Wisconsin Law Review 79 (2014). Available at SSRN: http://ssrn.com/abstract=2430933

Contact Information

Jason P. Nance (Contact Author)
University of Florida Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
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