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| Supreme Court Rejects American Flag Student Speech Case (1276844) | |
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Supreme Court Rejects American Flag Student Speech Case |
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Posted by Dand124 on Mon Mar 30 11:10:14 2015 http://www.bloomberg.com/politics/articles/2015-03-30/american-flag-student-speech-case-rejected-by-u-s-supreme-court |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by SLRT on Mon Mar 30 11:17:24 2015, in response to Supreme Court Rejects American Flag Student Speech Case, posted by Dand124 on Mon Mar 30 11:10:14 2015. Well, since it was rejected for review this can't be a precedent, but it could be seminal nevertheless.A lot of this provocation-as-free-speech in schools started with a case where students wore black armbands to protest the Vietnam War. The school said no, the courts eventually ruled yes. But when a school can start to say "you can wear or show this political symbol but not that one" by claiming that one will promote violence it is making a value judgment about speech. And that's exactly what the government is not supposed to do. I am not a big supporter of the '60s extremes of "symbolic free speech" but this is the atmosphere we've created. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by Spider-Pig on Mon Mar 30 11:46:10 2015, in response to Re: Supreme Court Rejects American Flag Student Speech Case, posted by SLRT on Mon Mar 30 11:17:24 2015. The CoA decision is precedent in the states and territories of the Ninth Circuit. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by SMAZ on Tue Mar 31 12:00:38 2015, in response to Supreme Court Rejects American Flag Student Speech Case, posted by Dand124 on Mon Mar 30 11:10:14 2015. I don't see how this Ninth Circuit court decision doesn't violate the Tinker precedent.It seems like the SCOTUS wants to overturn that decision by attrition. This decision, while not binding on other courts, will still carry persuasive precedent since the Supreme Court has not declared erroneous. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by SLRT on Tue Mar 31 12:18:07 2015, in response to Re: Supreme Court Rejects American Flag Student Speech Case, posted by SMAZ on Tue Mar 31 12:00:38 2015. Schools are a touchy area. If we really decided that minor students had all the same rights as adults could we legally require them to go to school? Or sanction them for playing hooky?I would think we could forbid certain KINDS of speech in school, such as political symbols on clothing in the interest of discipline and order. The rub would come if they decide that you CAN wear this symbol but you CAN'T wear that symbol. That said, Tinker matched the zeitgeist of the 1960s, but I think it was flawed. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by ClearAspect on Tue Mar 31 12:34:47 2015, in response to Supreme Court Rejects American Flag Student Speech Case, posted by Dand124 on Mon Mar 30 11:10:14 2015. I didnt really like this decision. The school should have discontinued the Cinco De Mayo celebration if peope wearing the flag of our nation could result in violence. EXCEPT if it was the white students intent to cause a situation or confrontation and trying to hide it under the guise of free speech. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by AlM on Tue Mar 31 12:43:24 2015, in response to Re: Supreme Court Rejects American Flag Student Speech Case, posted by ClearAspect on Tue Mar 31 12:34:47 2015. The Supreme Court approach to student speech is that a school administration can restrict it whenever they have a plausible case. |
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Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by SMAZ on Tue Mar 31 12:52:59 2015, in response to Re: Supreme Court Rejects American Flag Student Speech Case, posted by SLRT on Tue Mar 31 12:18:07 2015. If we really decided that minor students had all the same rights as adults could we legally require them to go to school?Nobody ever said that they have all the same rights as adults. What was said is: "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." |
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| (1277219) | |
Re: Supreme Court Rejects American Flag Student Speech Case |
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Posted by SLRT on Tue Mar 31 13:00:52 2015, in response to Re: Supreme Court Rejects American Flag Student Speech Case, posted by SMAZ on Tue Mar 31 12:52:59 2015. And you don't appreciate how vague a statement that is, especially in the broad way that it has been interpreted?Can a student interrupt a history lesson to disagree with the professor? Can a student stand up in lunchroom and begin reading Bible verses? Can students shout down a speaker because they don't like a speaker? Can a student wear an American Flag T-shirt? A Mexican Flag T-shirt? A swastika T-shirt? An LGBT rainbow T-shirt? An "I want to marry someone straight" T-shirt? "Simple" decisions often aren't. |
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