November 30, 201510 yr Author I meant what court cases are you basing your contention that a student's social media postings can never be punished by the school? I thought back in post #17 you were asking for my opinion. With that said, obviously we are going to have court decisions on both sides of this issue but at the end of the day it is black and white and we (the courts) need to figure it out. And by black and white everyone, we either have free speech in America or we don't, it is one or the other, there is NO GRAY AREA.
November 30, 201510 yr I thought back in post #17 you were asking for my opinion. With that said, obviously we are going to have court decisions on both sides of this issue but at the end of the day it is black and white and we (the courts) need to figure it out. And by black and white everyone, we either have free speech in America or we don't, it is one or the other, there is NO GRAY AREA. I would like to find out of the school has a written policy that deals with online postings for members of the cheerleading squad. If they do not then they are going to struggle. Their only argument is it caused a hostile environment in the school amongst the Latino population.
November 30, 201510 yr Author I would like to find out of the school has a written policy that deals with online postings for members of the cheerleading squad. If they do not then they are going to struggle. Their only argument is it caused a hostile environment in the school amongst the Latino population. Even if a school has a policy I don't see any way they can regulate free speech about a mayor election.
November 30, 201510 yr ... we either have free speech in America or we don't, it is one or the other, there is NO GRAY AREA. Lots of gray areas in free speech ... likely always will be. How many First Amendment cases come before the Supreme Court every year? Certain forms of pornography are still subject to prosecution. Still can't yell "Fire!" in a crowded theater. First Amendment protection ... or lack of ... for minors is still being hammered out, obviously. And has anyone challenged the "do not call" rule before the Supreme Court? That seems to me an obvious violation of the First Amendment ... but no one asked me.
November 30, 201510 yr Author Lots of gray areas in free speech ... likely always will be. How many First Amendment cases come before the Supreme Court every year? Certain forms of pornography are still subject to prosecution. Still can't yell "Fire!" in a crowded theater. First Amendment protection ... or lack of ... for minors is still being hammered out, obviously. And has anyone challenged the "do not call" rule before the Supreme Court? That seems to me an obvious violation of the First Amendment ... but no one asked me. Let's not confuse crimes and free speech. Most pornography laws are a load of crap (other than ones protecting minors) but they still are laws. And yelling fire in a crowded theater is definitely a crime. Speaking out on Twitter about election turnout certainly isn't a crime.
November 30, 201510 yr This doesn't make me comfortable at all. The student respond to a teachers comment because said teacher wasn't happy with the results. It seems like punishment for having a different view and is never a good thing in this country.
November 30, 201510 yr Even if a school has a policy I don't see any way they can regulate free speech about a mayor election. She wasn't commenting on the mayor. She labeled an entire group as being illegal.
November 30, 201510 yr This doesn't make me comfortable at all. The student respond to a teachers comment because said teacher wasn't happy with the results. It seems like punishment for having a different view and is never a good thing in this country. It seems like this is exactly what is happening. I feel the "private matters" are school speak for suspending the girl with no legal basis to do so.
November 30, 201510 yr Let's not confuse crimes and free speech. Most pornography laws are a load of crap (other than ones protecting minors) but they still are laws. And yelling fire in a crowded theater is definitely a crime. Speaking out on Twitter about election turnout certainly isn't a crime. There will never be a time when all First Amendment issues will be able to be delineated as black or white. That's all I'm saying. There will always be gray areas. Society evolves, and so does the concept of "free speech."
November 30, 201510 yr This doesn't make me comfortable at all. The student respond to a teachers comment because said teacher wasn't happy with the results. It seems like punishment for having a different view and is never a good thing in this country. If so we're defending the school I would ask you why you think it is simply a "different view" that is being punished.
November 30, 201510 yr If so we're defending the school I would ask you why you think it is simply a "different view" that is being punished. If she tweeted something that was supportive of the teachers stance would she be in trouble ?
November 30, 201510 yr If she tweeted something that was supportive of the teachers stance would she be in trouble ? Isn't the issue the generalization that anyone that didn't vote for the mayor is an illegal ?
November 30, 201510 yr Isn't the issue the generalization that anyone that didn't vote for the mayor is an illegal ? Did the teacher not say the only reason the mayor won was because of low voter turnout or did I read that wrong. Was the girl wrong , yes. I just don't see how statement should cost her after school activity. It would a much better spot for the school to have a teaching moment rather than what seems to be punishment to silence dissenting viewpoints. Would the school suspend someone for burning a US flag and posting the video online ? I doubt it and they shouldn't.
November 30, 201510 yr Let's not confuse crimes and free speech. Most pornography laws are a load of crap (other than ones protecting minors) but they still are laws. And yelling fire in a crowded theater is definitely a crime. Speaking out on Twitter about election turnout certainly isn't a crime. Crimes and laws are at the heart of any free speech debate ("Congress shall make no law..."). If this state passed a law that said students can't post racially insensitive stuff on social media would her punishment no longer be a free speech debate?
November 30, 201510 yr Do you mean "was she wearing her cheerleader uni" or "did she tweet during a game?" Or is that a rhetorical question? Yeah sorry for being so vague. What I mean by 'representing the school' has to do with acting as a cheerleader or was she tweeting using the school's account? That matters to me. If she's at a game cheerleading and grabs a megaphone and blasts "I don't like Mexicans' then sure she should no longer be representing the school as a cheerleader. Posting something on her personal twitter account is her opinion or sarcasm or whatever. It's not up to the school to punish that. It's up to her parents, IMO.
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