Opinion: 423 U.S. 907 (1975)
HOLDING: By summary order, the Supreme Court affirmed the decision of a three-judge panel upholding the constitutionality of a state statute authorizing corporal punishment in the schools when reasonable force is applied to maintain discipline and determining on the facts presented that there were no Eighth Amendment or Fourteenth Amendment violations.
In 1973, sixth-grader Russell Carl Baker was paddled at school for allegedly throwing a kickball outside of designated play periods. Baker’s mother had previously made requests to the school that teachers not corporally punish her son. The Bakers sued the principal and others in the District Court, claiming that the use of corporal punishment against Mrs. Baker’s objections violated her constitutional parental right to determine how to discipline her child. They further claimed that the paddling violated Baker’s right to due process and amounted to cruel and unusual punishment. Lastly, they challenged the constitutionality of a statute which empowered school officials to “use reasonable force in the exercise of lawful authority to restrain or correct pupils and to maintain order.”
The District Court held that while the Fourteenth Amendment embraces the right of parents to control how their children are disciplined, that right is not absolute and it does not require a state to have a compelling interest that outweighs the parental right before imposing corporal punishment. The state also has a legitimate interest in maintaining discipline and order within schools and may use reasonable force to support that interest. The court also held that the paddling Baker received was not cruel and unusual punishment, since it did not cause any lasting discomfort or disability to Baker.
The District Court also held that students are constitutionally entitled to an appropriate level of due process before corporal punishment is used. First, a student must be warned that a specific behavior may result in corporal punishment before it is used, and teachers should prioritize non-physical forms of discipline like detention or assigning extra work. Second, teachers can only paddle students when in the presence of another teacher or principal. Lastly, school officials who use corporal punishment should provide a written explanation of the reasoning behind the punishment upon request by the child’s parent. The Supreme Court affirmed without issuing an opinion.
The Supreme Court's decision is two words: “Judgment affirmed.” The facts and law presented come from the decision of the three-judge district court, convened because the constitutionality of a state statute was at issue. Baker v. Owen, 395 F. Supp. 294 (M.D.N.C. 1975).