QUESTION

Invailed Suspension?

Asked on Dec 11th, 2014 on Civil Rights - New Jersey
More details to this question:
Hi i am writing to you as a student from eastside highschool i am in the Academy information of technology. Today december 11,2014 i was suspended from school because i didn't answer a administrator's questions and i violated the dress code. His name is mr. Crawford. 1st amendment states i have the right and freedom to express my self. I want to express my self through my clothing and if i didnt want to answer his "personal questions" i dont have to. Now i believe that is wrong. The Supreme Court has ruled that just as the first amendment protects a individuals right to say what he or she wants. it also protects his or her rights not to say something. And thats what i choose to do, say nothing. So how am i being punished for something the Supreme Court said that i have the right to.
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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the 'devil is in the details'. the school can ask you questions which pertain to the safety and well being of the staff and student body. the school can ask you questions which pertain to the administration of the school. the school can require that the student follow certain [very narrow] dress guidelines. please call to discuss the details. ed dimon 732-797-1600
Answered on Dec 19th, 2014 at 10:12 AM

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Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
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I'm sorry to say that as an underage person attending school, the rights you have outlined do not apply to your situation.  Your school has the right to adopt a dress code to which you must conform.  the 5th Amendment guarantees you the right not to say something that would incriminate yourself, but not the right to not answer a school official's questions when posed to you.  You can be suspended for violating the dress. 
Answered on Dec 15th, 2014 at 12:44 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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