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What Is The Violation Of The 14th Amendment

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In Columbus, Ohio, ten students were suspended at Central High School for destroying property and defying school officials. The Ohio law entitled the school principal to suspend each student for a period of ten days or expel them from school. The law required for the parents to be notified of the action within 24 hours, and to be given a reason. Students who were expelled could appeal to the Board of Education. Among the ten students, Dwight Lopez argued that the suspension was an act of violation of the fourteenth amendment.

Several students were suspended for the following actions. A student was told to leave the auditorium because he was acting obnoxious. The principal got involved and ordered him out. He then refused to leave, leaving him to be suspended. Another student assaulted a police officer. Several other students obstructed school property. …show more content…

The state also argued that the protected interests were not created by the U.S constitution but by its institutions. They also explained that suspending the students would hurt their reputations and make it hard for the students to find employment. The court argued that the state had no authority of suspending the students because it deprived each of them of educational

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As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).

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The ten students were suspended at Central High School in Columbus, Ohio. The principal was the first to hear about this and decided to suspend them without reason. The parents of the students were outraged for not getting an explanation. Furthermore, the Ohio law entitled the school principal

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They were all suspended without being given a hearing prior to their suspension, or they weren’t given a hearing within a reasonable time after their suspension. Federal court mandated that the suspensions of the students be removed from their cumulative record. The Columbus Public School System and school board appealed the ruling to the U.S. Supreme Court. The U.S. Supreme Court ruled that the due process clause of the 14th amendment had been violated. SCOTUS ruled 5-4 in favor of the students of the Columbus Public School

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