The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, October 16, 1974
Decision: Wednesday, January 22, 1975
Issues: Due Process, Hearing or Notice
Categories: due process, education, right to a hearing

Advocates

Not available

Facts of the Case

Nine students at two high schools and one junior high school in Columbus, Ohio, were given 10-day suspensions from school. The school principals did not hold hearings for the affected students before ordering the suspensions, and Ohio law did not require them to do so. The principals' actions were challenged, and a federal court found that the students' rights had been violated. The case was then appealed to the Supreme Court.

Question

Did the imposition of the suspensions without preliminary hearings violate the students' Due Process rights guaranteed by the Fourteenth Amendment?

Conclusion

Yes. In a 5-to-4 decision, the Court held that because Ohio had chosen to extend the right to an education to its citizens, it could not withdraw that right "on grounds of misconduct absent fundamentally fair procedures to determine whether the misconduct ha[d] occurred." The Court held that Ohio was constrained to recognize students' entitlements to education as property interests protected by the Due Process Clause that could not be taken away without minimum procedures required by the Clause. The Court found that students facing suspension should at a minimum be given notice and afforded some kind of hearing.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Lopez, 4 vote(s) against
Legal Provision: Due Process
Voted with the minority, joined Powell's dissent
Burger
Voted with the majority
Douglas
Voted with the majority
Brennan
Voted with the majority
Stewart
Wrote the majority opinion
White
Voted with the majority
Marshall
Voted with the minority, joined Powell's dissent
Blackmun
Wrote a dissent
Powell
Voted with the minority, joined Powell's dissent
Rehnquist
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, Goss v. Lopez, 419 U.S. 565 (1975),
available at: <http://www.oyez.org/cases/1970-1979/1974/1974_73_898/>
(last visited ).