Baker v. Owen

Facts of the Case

The mother of sixth grader Russell Baker instructed school officials not to corporally punish her son, because she opposed the practice on principle. After the student violated a school rule, officials administered corporal punishment and did not provide him with procedural due process. The mother then sued school officials, claiming that they violated her right to choose disciplinary methods under the Fourteenth Amendment and that the use of corporal punishment violated the Eight Amendment's prohibition against cruel and unusual punishment.

Baker is perhaps best known as providing guidance on what happens when two protected rights are at odds with each other: In this case, the right of parents to direct the education of their children, including how they may be disciplined at school, was at odds with the rights of educators to maintain discipline and order. The trial court reasoned that, based on interpretation of the Fourteenth Amendment liberty clause, parents do indeed have a protected right to decide among methods of discipline for their children.

At the same time, the trial court found that as important as parent's rights are, they are neither fundamental nor absolute, they are not afforded the highest degree of constitutional protection, and they do not apply across all situations. The court was of the opinion that because maintaining discipline and order were not only justified but essential for schools, such goals were more compelling and vital than a parent's right to choose disciplinary consequences for their children in a school setting. The court also explained that due to the controversial nature of school discipline and corporal punishment, on which there was not unquestioned social consensus, it would be unreasonable to suggest that parental opposition to corporal [Page 64]punishment was fundamental and thus constitutionally protected.

Baker further provided guidance on whether corporal punishment without due process violated Fourteenth Amendment liberty protections, and it offered some criteria for determining what might be considered minimum standards for procedural due process. The court pointed out that students have a liberty interest in corporal punishment cases, and thus, procedural due process is a requirement in corporal punishment proceedings.

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