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public school students fifth amendment privileges

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Nedved

Junior Member
:confused: public school students fifth amendment privileges

What is the name of your state? Massachusetts

I am in tenth grade and I go to a public school. If i get called into the office and am questioned by a school official (principal, assistant principal, resource officer etc.) about potentially illegal activities, can I be punished for refusing to answer these questions? If they are not supposed to punish me for this, but do anyway, is there anything i can do about it? Thanks in advance
 
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kingsknoll

Junior Member
Why do you believe they are punishing you for not talking? When they punish you, do you receive a letter describing the reason for punishing you?
 

Just Blue

Senior Member
Why do you believe they are punishing you for not talking? When they punish you, do you receive a letter describing the reason for punishing you?
When you see "Duplicate post" please don't respond to that thread...fine the other and respond there.
 

Nedved

Junior Member
Why do you believe they are punishing you for not talking? When they punish you, do you receive a letter describing the reason for punishing you?
Do I receive a letter describing the reason for punishing me? Funny you'd ask. In Massachusetts, I'm legally entitled to a 'written notice of charges' before being suspended or expelled :D

If my school suspends me, they're obviously going to tell me why, why wouldn't they? I was interested about what others had to say about this because just recently, the assistant principal asked me if I made a web site about a student, I refused to answer whether or not I had, and she said it was 'insubordination' and I could be punished for that. I cited Tinker v. Des Moines, she had obviously heard of it. I pointed out that just because the persons filing the lawsuit was suing because their first amendment rights were violated, didn't mean the ruling that 'students do not waive their constitutional rights at the school gate' only applied to the first amendment... that was just a common misconception.

I also pointed out that in that ruling, it said that school officials did not have absolute authority over me. Based on that, I said that I could not be punished any more for respectfully refusing to answer a potentially incriminating question than I could be for refusing to take off an armband or voicing a controversial opinion. I didn't get suspended - and I was ready and willing to fight it if I had been.
 

justalayman

Senior Member
I also pointed out that in that ruling, it said that school officials did not have absolute authority over me. Based on that, I said that I could not be punished any more for respectfully refusing to answer a potentially incriminating question than I could be for refusing to take off an armband or voicing a controversial opinion. I didn't get suspended - and I was ready and willing to fight it if I had been.
actually regarding the armband or voicing your opinion, there could be allowable repercussions for refucing to remove tha aarmband and depending on how and where you voived your opinion.

freedom of speech does have its limitations and dress is definately someting the school can control.
 

Nedved

Junior Member
actually regarding the armband or voicing your opinion, there could be allowable repercussions for refucing to remove tha aarmband and depending on how and where you voived your opinion.

freedom of speech does have its limitations and dress is definately someting the school can control.
The school can only control dress to a certain point, and yes, there are limitations on how you can voice your opinion, thats pretty obvious.

I just think it's kind of weird that there have never been any rulings on the fifth amendment in school. Does it just never come up, or am I the only high school kid alive who has ever invoked these rights? If the courts ever ruled on it, I'm sure there would be some sort of limit on it, like there are on the first and fourth amendments. And what about the right to an attorney? If I asked for one, would the school have to somehow call down a lawyer before they asked me any more questions?
 

seniorjudge

Senior Member
actually regarding the armband or voicing your opinion, there could be allowable repercussions for refucing to remove tha aarmband and depending on how and where you voived your opinion.

freedom of speech does have its limitations and dress is definately someting the school can control.
Don't you know what DUPLICATE POST means?
 

justalayman

Senior Member
Don't you know what DUPLICATE POST means?
why yes I do seniorjudge. It means my fence cost too much because I used duplicate posts where I needed only one.


Somewhere along the line, I missed mo's duplicate post notice. You know I don;t typically continue a duplicate posting. From the gross misspelling errors, I would have to guess I was asleep at the time I posted.
 

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