Student Suspended for Casting A Curse
maule at LAW.VILLANOVA.EDU
Mon Nov 6 23:34:52 PST 2000
>>> obrien at WVWC.EDU 11/06/00 10:23PM >>> writes
James Maule remarked
> School officials generally have little sense of how to interrogate
> a student in a manner that does not violate their rights. It's just not
> something to which they or the school districts pay much attention, or
I am not sure what Maule is referring to. My impression is that the courts
have consistently held that questioning by school officials is not
custodial questioning which requires a Miranda warning. Am I wrong? A
private citizen cannot violate a person's rights by asking questions, it
seems to me.
Is a public school official acting in that capacity a private citizen? If so, then much of our discussion on this thread seems pointless.
Is a public school official whose actions constitute actions of the government through agency permitted to inquire of a student's religious beliefs or to take action with respect to the student based solely on those beliefs?
Is a public school official whose actions constitute actions of the government required to provide protections available in a criminal action when engaged in non-custodial questioning or a non-criminal administrative disciplinary proceeding?
I would agree the answer to the third question is no. But I did not intend to address that issue (someone else did). In the context I was referring to First Amendment rights, not Fourth or Fifth Amendment rights (although I'm not certain I'd be any more impressed by the manner in which those rights are handled, either).
Professor of Law
Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
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