Prior to receiving his Red Rider BB Gun, Ralphie had to deal with Scot Farkus. It was Johnny and his friends that motivated Daniel LaRusso to learn karate from Mr. Miyagi. Undoubtedly, each of us have a name or face in mind when we hear the word bully.

There is a large Amish community where I live. When traveling in that portion of our county, you need to look out for horse drawn buggies and the occasional horse manure. The Amish community provide a variety of goods to county residents from produce to furniture and the community at large is thankful for their contributions.

Mr. McElhaney, a father of a softball player, texted the coach after his daughter was benched midway through the season. The text messages criticized his coaching ability and decisions. The coach, believing Mr. McElhaney had violated team policy which prohibited parents from talking to coaches about playing time, forwarded the messages to the principal.

This past week, the 6th Circuit released a ruling affirming a districts court holding that a school did not violate a student’s 1st Amendment Rights when they suspended them for comments made off-campus on a personal Instagram account. Kutchinski v. Freeland Community School District, 6th Circuit 2023.

This past March the United States Supreme Court issued a ruling that dramatically changed the avenues that parents can seek for a disabled student.

Under the Family Educational Rights and Privacy Act (FERPA), schools have a duty to protect the privacy of all students. However, more often than not, parent request to view video footage is denied citing FERPA. The law is for the protection of the student and but such protections were not intended to keep information from the parents of child in certain circumstances.

There are two types of methods by which a citizen may request records. The first type, a request to “inspect” (view) records, does not have to be in writing. Such a request may be in person, by phone, mail, email or portal if available. However, an entity may require a request to be in writing if the requestor is seeking copies of government records.

Official government business (see definition above), whether stored on a personal device or government device, is subject to TPRA. However, personal messages, even if on a government email account are not subject to public records request. So, what are districts to do with mixed messages. In short, the entity can redact the personal communications and produce that which is “concerning government business”.

Government transparency is essential for a strong democracy. To ensure such transparency, federal and state governments have passed legislation to provide citizens the right to copy or inspect records. Over the next month we will look at the laws governing open records in Tennessee.

In this article, we are going to review how different courts across the country have applied that guidance to interrogations by SROs or outside law enforcement in a school setting. You will see that the outcome of each case shows the diversity of how the 5th Amendment is applied to students.