Essay代写：Student’s Right of Privacy－r51due

下面为大家整理一篇优秀的essay代写范文- Student’s Right of Privacy，供大家参考学习，这篇论文讨论了学生的隐私权。隐私权是一项重要的个人权利，它在社会发展中受到了很大的重视。然而，由于学校的安全问题，对学生隐私权的保护有时会被忽视。学生是弱势群体，所以我们必须花更多的精力来保护他们。在人权方面，他们也应该受到尊重，并且在法律上给他们立法。

Introduction

Right of Privacy is an important personal right and it is taken more seriously with the social development in terms of Internet. However, the protection for student’s privacy right is sometimes ignored because of school security. It should be treated equally without discrimination. This paper will look back the history of development of student’s privacy right in America and analyze the issues of college student’s privacy right.

Short history of college student’s privacy right

United Stated is the earliest nation which put forward the concept of privacy right in the world. In 1890, Samuel Warren and Louis Brandeis (1890) have raised the concept of the right to be let alone, which is considered as the origin of privacy right. In the end of 1900s, a series of law for privacy right is put forward and revised in succession such as The Privacy Act and Privacy Protection Act. In 1974, Family Educational Rights and Privacy Act is the first law aiming to protect the right of privacy of student (A Bendall, 2009). During the hundred year of development of privacy right, one of the important matter is to make a clear definition for privacy right. With this efforts working on, the definition of privacy right changes increasingly and become accurate. In this paper, what right of privacy is a right of personality is adopted, which is put forward based on the Amendment IV.

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Tort in campus

Student group is regarded as the vulnerable group. Thus, public and the school authority usually spend more efforts to protect them even though some measures are against the law. In the case of Thompson v. Carthage Sch. Dist (87 F. 3d 979 8th Cir, 1996), school authority search a boy’s clothes and school bag after receiving an inform of which a student is trying to bring hard drug into school. But this news is unproved before the school action. Thus the boy initial legal proceeding. Circuit court indicates that all the action for search should be based on the reasonable doubt. To do so, a clear boundary is carried out, which asks for a sufficient objective evidence. For example, a student with criminal record or dangerous behaviors or evidence that can point out his criminal behaviors can be regarded as criminal suspect. However, subjective impression, rumor, the presentiment from teachers and other not direct doubt should be excluded. Besides, in the case of Doe v. Little Roc Sch. Dist (380 F. 3d 349 8th Cir), school authority carry out the search for all the students in grade 7 for the purpose of maintaining school safety and order. Although court thinks it is reasonable for school to do so in the premise of safety protection, the large scale of search should be limited and it cannot be implemented without sufficient reasons. As for the personal effects, school authority has no right to search randomly in general condition. A school principal is accused.He search a student’s wallet because he guesses the student to smoke (469 U.S 325-341, 1985). In this case, court considers that Amendment IV is available.

Meaning of development of privacy right

With the further discussion on the privacy right from all sectors of society, the protection for personal right is strengthened. It appears in two aspects. First, it limits the right abuse especially the school authority and set up the proper boundary for school protection. Before coming up with the privacy right, student can quote the Amendment IV to avoid violation. School authority insists its action according to school management regulations. In some extent, the blurry zone makes the situation confusing. The privacy right clearly points out that school authority can apply the search based on the principle of reasonable doubt and proper scale, which reduces the dispute so that it can protect the interest of individual student and overall school. Secondly, it also embodies the value of freedom and respect for human rights. Student is a special group with high attention from public and school safety is always highlighted. But they also should be respected in terms of human right. With the clear pale of law, their lawful right can be achieved.

Conclusion

Nowadays, civil liberties are taken seriously as the development of society. The Bill of Rights is great and it establish the basis of further provisions of law. However, although this Act is powerful and it is improved with the time goes, it is established in 200 years ago. The social development and technology progress makes the situation more complex. So to protect civil liberties better, it calls for the creation in law. The social need products the law and the law meet the need of social condition.

People are eager to have more desirable civil liberties and make the personal right improve. Privacy right is rooted in the Amendment IV and draw a clear boundary for personal right. Besides, the dispute for different case makes the privacy right completed.

Reference

SD Warren and LD Brandeis, 1985. The right to privacy. Harvard Law Review, 4(5):193-220.

A Bendall, 2009. A Short History of the 'Right to Privacy'. Identity in the Information Society,44(1).

Thompson v. Carthage Sch. Dist,, 87 F. 3d 979 (8th Cir,). 1996.

Doe v. Little Roc Sch. Dist., 380 F. 3d 349 (8th Cir). 2004.

New Jersey v. T.L.O., 469 U.S 325-341, 1985.

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