Goss v. Lopez - Significance, The Lower Court Rulings, The Majority's Argument, The Dissent, Further Readings

school appellant william process

Appellant

Norval Goss, et al.

Appellee

Eileen Lopez, et al.

Appellant's Claim

That the suspension of a public school student without a hearing does not violate the Due Process Clause of the Fourteenth Amendment.

Chief Lawyer for Appellant

Thomas A. Bustin

Chief Lawyer for Appellee

Peter D. Roos

Justices for the Court

William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart, Byron R. White (writing for the Court)

Justices Dissenting

Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist

Place

Washington, D.C.

Date of Decision

22 January 1975

Decision

The Due Process Clause of the Fourteenth Amendment is violated when a student is suspended without notice and hearing.

Related Cases

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
Goldberg v. Kelly, 397 U.S. 254 (1970).
Connell v. Higgenbotham, 403 U.S. 207 (1971).
Arnett v. Kennedy, 416 U.S. 134 (1974).
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986).

Additional Topics

Goss v. Lopez - The Majority's Argument

In his majority opinion, Justice White held that students have a "property interest" in attending school since the state guarantees them a free public education. To suspend them from school, therefore, is in effect to deprive them of their property. While this interest must be balanced against the school system's interest in maintaining order and discipline, due process must be respected at all ti…

Goss v. Lopez - The Dissent

In his dissenting opinion, Justice Powell dismissed the notion that a ten-day suspension represents an infringement of the interests of students serious enough to require constitutional protection. His dissent contended that the Court's decision opened the door for unnecessary meddling by the courts into the day-to-day operations of the public school system: The State's interest, broadly put, is …

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