In 1977, the U.S. Supreme Court held that neither the Eighth nor the 14th Amendment constrains the use of corporal punishment in public schools. The court held that the cruel and unusual punishment clause was designed to shield prisoners, not kids; it was content to leave correction of the occasional abuse to local tort law. Dubious originally, the case cries out for re-examination in light of a recent joint ACLU-Human Rights Watch report, which contradicts most of the assumptions underlying that opinion.
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CORPORAL PUNISHMENT
Apply rod, spoil child
The National Law Journal
September 22, 2008
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