Two Florida students who were paddled in school brought suit in
federal court arguing that the paddling was “cruel and unusual
punishment” and that students should have a right to be heard
before physical punishment is given. They lost in the trial court and
at the Court of Appeals, and then appealed to the Supreme
Court.
In a 5-4 decision, the Supreme Court decided that public school
students could be paddled without first receiving a hearing.
Justice Lewis Powell wrote the majority opinion. He pointed out
that the Eighth Amendment's ban on “cruel and unusual
punishment” had always been applied to punishment of convicted
criminals. The Court therefore did not apply the ban to non-criminal
contexts, such as school discipline. Finally, Powell wrote that
“In view of the low incidence of abuse, the openness of our
schools, and the common law safeguards that already exist, the risk of
error that may result in violation of a school child's substantive
rights can only be regarded a minimal. Imposing additional
administrative safeguards as a constitutional requirement might reduce
that risk marginally, but would also entail a significant intrusion
into an area of primary educational responsibility.”
Justice Byron White argued in dissent that the Eight Amendment
does not contain the word “criminal,” so the Court should
not impose that limitation. “The disciplinarian need only take a
few minutes to give the student 'notice of the charge against him and,
if he denies them, an explanation of the evidence the authorities have
and an opportunity to present his side of the story.'” Justice
White quoted an earlier case to support his opinion: “The
Constitution requires, 'if anything, less than a fair-minded school
principal would impose upon himself' in order to avoid
injustice.”
Ingraham is one of a series of cases in
which the Supreme Court has struggled to find the proper balance
between the rights of individual students and the needs of school
officials to maintain order to protect the rights of students as a
group.
The quote in Justice White's dissent about a “fair-minded
school principal” comes from another student-rights case,
Goss v. Lopez, decided in
1975. In Goss v. Lopez, the
Supreme Court held that a student must be given effective notice and
at least an informal opportunity to tell his or her story before or
soon after imposition of a suspension from school.
Ingraham was later relied on by both the
majority and the dissent in yet another Supreme Court student-rights
case, Vernonia School District 47J v.
Acton, 1995. In that case, James Acton, then a seventh
grader, was not allowed to play football because he and his parents
refused to consent to mandatory random drug testing—a policy
that had been unanimously endorsed by parents in a meeting called to
address drug usage in the school. The majority found that drug testing
did not violate the Constitution. In dissent, Justice Sandra Day
O'Connor disputed the majority's reliance on
Ingraham. In her view,
Ingraham gave schools “substantial
constitutional leeway in carrying out their traditional mission of
responding to particularized
wrongdoing.…By contrast, intrusive, blanket
searches of school children, most of whom are innocent, for evidence
of serious wrongdoing is not part of any traditional school function
of which I am aware.”
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