October Term 2001 · Docket 01-679
Does FERPA create individual rights enforceable in court?
The dispute centers on whether the Family Educational Rights and Privacy Act grants students a private right to sue universities for releasing records.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
John Roberts argued Congress conditioned funding on record privacy.
He stated Congress did not phrase this as individual rights.
Ms. Brinkmann argued Congress gave parents the right to prevent release.
She cited the statute's words, structure, and history.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
- Official Supreme Court Transcript — file page 54, lines 1-1 — Transcript, file page 54, lines 1-1
A citizen's guide to the whole case
What this case is about
Gonzaga University argues FERPA conditions federal funding but does not create individual rights. The student argues the statute grants parents the right to prevent record release.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
How the case got here
The Supreme Court heard oral argument in this case on April 24, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 54, lines 1-1 — Transcript, file page 54, lines 1-1
What each side wants
Gonzaga University wants the Court to dismiss the student's lawsuit.
The student wants the Court to allow the lawsuit to proceed.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
What each side says
Gonzaga University argues Congress did not phrase the funding condition as individual rights.
The student argues Congress gave parents the right to prevent record release.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
What the justices asked
Chief Justice Rehnquist asked if the case is submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 54, lines 1-1 — Transcript, file page 54, lines 1-1
Why it matters
This case determines whether students can sue universities directly for FERPA violations. It defines the scope of federal education privacy protections. It shapes how institutions handle student records.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 54, lines 1-1 — Transcript, file page 54, lines 1-1
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
- Official Supreme Court Transcript — file page 16, lines 15-37 — Transcript, file page 16, lines 15-37
- Official Supreme Court Transcript — file page 25, lines 7-41 — Transcript, file page 25, lines 7-41
- Official Supreme Court Transcript — file page 3, lines 17-19 — Transcript, file page 3, lines 17-19
- Official Supreme Court Transcript — file page 50, lines 45-37 — Transcript, file page 50, lines 45-37
- Official Supreme Court Transcript — file page 51, lines 39-31 — Transcript, file page 51, lines 39-31
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.