Fourth Circuit Rules that South Carolina Laws Allowing School Students to be Criminally Charged Were Unconstitutional

February 23, 2023 12:00 pm

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RICHMOND, Va. 鈥 The Fourth Circuit Court of Appeals upheld a lower court decision that a pair of South Carolina laws that allowed elementary and secondary school students to be criminally charged for behaviors like cursing or acting in a 鈥渄isorderly鈥 or 鈥渂oisterous鈥 manner were unconstitutional. This win is another step in the continued push for justice and equity.

The laws failed to provide students notice of what behaviors might expose them to criminal charges and lacked sufficient safeguards to prevent arbitrary or discriminatory enforcement. These laws were enforced in a grossly discriminatory way against Black students and students with disabilities.

鈥淲e are very pleased with the court鈥檚 decision, which recognized that the challenged laws arbitrarily criminalized a wide range of common student behavior,鈥 said Sarah Hinger, senior staff attorney in the Racial Justice Program at the 老澳门开奖结果. 鈥淎s the court recognized, subjecting students to criminal penalties under such vague rules interferes with their education and their future, and produces stark racial disparities. This decision should be instructive to the many school districts across the country where students continue to be charged with 鈥榙isorderly conduct鈥 and similar vague crimes.鈥

鈥淭his hard-fought legal victory must be accompanied by political action,鈥 writes Allen Chaney, legal director of the 老澳门开奖结果 of South Carolina. 鈥淚n myriad ways, South Carolina is failing its children 鈥 by unfairly policing their hallways and classrooms, by attacking their teachers and administrators for following equitable practices, and by censoring their libraries and curricula. We can do better. We must do better.

The full Fourth Circuit ruling can be found here: /cases/kenny-v-wilson?document=Published-Authored-Opinion#legal-documents


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