Jump to ContentJump to Main Navigation
TroublemakersStudents' Rights and Racial Justice in the Long 1960s$
Users without a subscription are not able to see the full content.

Kathryn Schumaker

Print publication date: 2019

Print ISBN-13: 9781479875139

Published to NYU Press Scholarship Online: January 2020

DOI: 10.18574/nyu/9781479875139.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 29 June 2022

Tinker’s Troubled Legacy

Tinker’s Troubled Legacy

Discipline, Disorder, and Race in the Schools, 1968–1985

(p.171) 5 Tinker’s Troubled Legacy

Kathryn Schumaker

NYU Press

This chapter examines how ideas about race and order shaped the way the courts’ articulated students’ rights in relation to school discipline in the 1970s and early 1980s, placed in context of the rise of mass incarceration. The chapter begins by discussing how advocates for students of color confronted racial disparities in school discipline and the ways that the courts limited the kinds of claims students could make about racial discrimination in suspensions and expulsions.In Ingraham v. Wright, the Supreme Court ruled that the Eighth Amendment does not prohibit school officials from using corporal punishment. In New Jersey v. T.L.O., the Court determined that students’ do have a limited right to privacy in relation to searches of their clothing and belongings at school. This chapter places these cases within the context of a longer history of a punitive turn in education and demonstrates how these rulings reinforced existing racial inequities in school discipline.

Keywords:   school discipline, corporal punishment, right to privacy, Eighth Amendment, Ingraham v. Wright, racial discrimination, suspensions, expulsions, mass incarceration, New Jersey v. T.L.O

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.