Judge: 'she's too young to have First Amendment rights.'

6,426 Views | 46 Replies | Last: 1 yr ago by snowminer
agwrestler
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Get Off My Lawn said:

Disband the public school system.


How about we learn to spell before advancing to Libtard Political science?
Texasaggie32
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Can this be appealed to the Supreme Court?
one safe place
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Stressboy said:

She should have written:

Black Lives Matter more than others.

I'm sure they would've nodded their heads happy the child is getting it. Also, I hate that spellchecker corrects that phrase to all caps.
Blacks, at least black leadership, will not only paint you a racist for disagreeing or opposing them or their ideas, but also paint you a racist if you do not fully support them or their ideas.
one safe place
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Get Off My Lawn said:

Disband the public school system.
Or have vouchers where parents can take the $8,000 voucher and $8,000 of their own money and pay tuition to get their kid in a private school and away from public schools.
Romello
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BLM was a political message. They don't really believe it. They turn a blind eye to the millions of black babies murdered in abortion and those shot and killed every day by the hundreds. They only care if you try and disrupt their political message.
dreyOO
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The only upside to this story is that I finally have one of my old pals (huge lib) admitting this is bull**** and he can't vote blue anymore. He'd rather go blank.

I almost got him. Now it's a policy over personality conversation since he is triggered by Trump
fixer
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This is proof that the left is running a religion.

This situation involved a blasphemous act against it.
Stressboy
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one safe place said:

Stressboy said:

She should have written:

Black Lives Matter more than others.

I'm sure they would've nodded their heads happy the child is getting it. Also, I hate that spellchecker corrects that phrase to all caps.
Blacks, at least black leadership, will not only paint you a racist for disagreeing or opposing them or their ideas, but also paint you a racist if you do not fully support them or their ideas.


Correct and instead of correcting them in this instance, I was trying to help make their real message more obvious.
JasonD2005
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snowminer said:

While I think this ruling is absurd, Clarence Thomas certainly disagrees that students' right to free speech applies in schools.

From his concurrence in Morse v. Frederick:
Quote:

In light of the history of American public education, it cannot seriously be suggested that the First Amendment "freedom of speech" encompasses a student's right to speak in public schools. Early public schools gave total control to teachers, who expected obedience and respect from students. And courts routinely deferred to schools' authority to make rules and to discipline students for violating those rules. Several points are clear: (1) under in loco parentis, speech rules and other school rules were treated identically; (2) the in loco parentis doctrine imposed almost no limits on the types of rules that a school could set while students were in school; and (3) schools and teachers had tremendous discretion in imposing punishments for violations of those rules.

Ok. What rules were in place at the time of this exchange that the student broke?
Agsrback12
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We all (heterosexuals) do need to mate in order to preserve our species.
captkirk
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OldArmy71 said:

I would never have allowed my child to be forced into a cultural shaming situation like that. That sort of thing can scar her for life.
Ditto. Jesus would be on PTO recovering from his injuries
snowminer
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I want to be clear again that I think this is a bad ruling. Beyond the ruling, I certainly do not think that this child had any sort of racist intent in their drawing, and I think the drawing actually represents quite the opposite sentiment.

JasonD2005 said:

Ok. What rules were in place at the time of this exchange that the student broke?
From the school district's elementary student handbook:
Quote:

Racism: We value and encourage students to celebrate their ethnic diversity and cultural differences. However, any form of discrimination or persecution against another student or staff member based on race, whether expressed verbally or in writing, is strictly prohibited and will not be tolerated. Examples of racism include but are not limited to cultural insensitivity remarks or slang phrases, statements that hint at derogatory references to one's race, as well as direct racist statements.

Examples of racism include but are not limited to:
  • [...]
  • Racially insensitive/inflammatory material

Regardless of your opinion on the statements "black lives matter" and "all lives matter," it would be hard to argue that these statements have not become inflammatory in recent years. Do I agree with this school's judgement and response? No. But, that is pretty much irrelevant to my point in my previous post.

My point is that I think people here, especially those clamoring that this is a woke/communist/etc. ruling, may be surprised what conservative jurisprudence has to say on the matter of students' right to free speech in schools. I find Justice Thomas to be quite clear in his opinion that students have no right to free speech in schools, and that teachers and schools have a nearly absolute right to create and enforce restrictions on student's free speech in school.

The supreme court as a whole has set a different precedent in Tinker v. Des Moines Independent Community School District, that
Quote:

Since First Amendment protections extend to students in public schools, educational authorities who want to censor speech will need to show that permitting the speech would significantly interfere with the discipline needed for the school to function.
However, according to Justice Thomas' concurrence in Morse v. Frederick,
Quote:

the better approach is to dispense with Tinker altogether, and given the opportunity, [Justice Thomas] would do so.
Should one find a school's policy disagreeable, he prescribes an alternative mode of correction than the courts, common in conservative rulings,
Quote:

If parents do not like the rules imposed by those schools, they can seek redress in school boards or legislatures; they can send their children to private schools or home school them; or they can simply move. Whatever rules apply to student speech in public schools, those rules can be challenged by parents in the political process.
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