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The First Amendment protections of the speech of school-employed psychologists are addressed in ssss1 of the book. As will be seen, a tension exists between the school psychologist’s obligation to advocate for the bests interests of students and the limitations to their free speech as a public school employee.

Privacy Rights

No “right to privacy” is mentioned expressly in the Constitution. A number of different privacy rights have been carved out of the First Amendment concept of “liberty,” Fourth Amendment prohibition against unreasonable search and seizure, Fifth Amendment protections against self-incrimination, and Ninth Amendment reservation of rights to the people (Hummel et al., 1985). The courts generally have held that students have a Fourth Amendment right to be free from unreasonable search and seizure in the schools. More specifically, the courts have ruled that students have a legitimate expectation of privacy rights with regard to their person and possessions, but they have allowed a more lenient standard of “reasonable suspicion” as opposed to “probable cause” for conducting searches in school (privacy is discussed further in ssss1).

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