12-24-2004, 09:36 AM | #41 (permalink) | |
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From ACLU legal research found in an April 12, 2004 letter written to Bay City,
MI school system administrators by ACLU, Michigan, Legal Director, Michael J. Steinberg, <a href="http://www.aclu.org/StudentsRights/StudentsRights.cfm?ID=15672&c=159">(Link to page with wordpad doc.)</a> Quote:
fact that provides a more compelling argument that the school system should have abided by the 6th District Court's recent rulings) <a href="http://www.findlaw.com/11stategov/ky/laws.html">findlaw.com</a> Since I am an ardent supporter of free speech rights, I'll revise my opinion by supporting the court ruling cited above, since it is obvious that a school sponsored social event such as a dance or a prom is extra curricular and thus cannot "cause or threaten material and substantial interference with a school’s educational environment". Since it was not difficult for me as an ordinary member of the public to obtain the legal research quoted above, the Kentucky school administrators seem to have been derelict in not seeking and or not abiding by the most recent and most authoritative court rulings before restricting the rights of the student who wore the stars and bars dress. It appears now to me that she has a strong civil case and is entitled to seek monetary damages from the school system as a remedy for it's illegal restriction of her rights. Last edited by host; 12-24-2004 at 10:03 AM.. |
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12-24-2004, 04:50 PM | #42 (permalink) | |
Banned
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12-24-2004, 06:10 PM | #44 (permalink) |
Psycho
Location: inside my own mind
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oh yes...and no minors do not have the same constitutional rights as adults....I learned that one the hard way....
therefore the school could dissallow things that they deemed obcene...I have no personal problems with that dress but I wouldn't care if she wore a nazi flagged drapped around her as long as she didn't start threatening people...(and kept a good distance away from me)
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A damn dirty hippie without the dirty part.... |
12-24-2004, 06:26 PM | #46 (permalink) |
Psycho
Location: Virginia Beach, VA
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I've never really looked into it, but I think it would be fascinating to hear the reasoning for stipping people of less-than an arbitrary age of their rights as humans.
Since the "Stars and Bars" did not originate as a symbol of hate, it must be the case that if it has become a symbolic of hate for some, it has done so through free speech making that association. If someone is not making that association in their use of the symbol (and this girl claims she isn't), then even if you agree "hate speech" can be supressed, her speech is not hate speech, and should be protected. If a buddhist wanted to exhibit a wheel of life pendant, that should certainly be protected... even if a bunch of folks incorrectly assumed it was a swastika.
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Simple Machines in Higher Dimensions |
12-24-2004, 06:54 PM | #47 (permalink) | |
Crazy
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12-24-2004, 06:59 PM | #48 (permalink) |
Psycho
Location: Virginia Beach, VA
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Just because a school administration has the ability to supress student speech doesn't mean they are doing so lawfully. Since it's fairly difficult for a minor to bring a legal challenge, I would think the body of law that allows the rights of young people to be abridged isn't well tested.
The girl might have been acting contrary to the rules set up by the school's administration, but the school does not necessarily have the authority to make such rules. That is a possible basis for her case.
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Simple Machines in Higher Dimensions |
12-24-2004, 07:10 PM | #49 (permalink) | |
Banned
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12-24-2004, 07:55 PM | #50 (permalink) | |
Crazy
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I doubt you would be able to find a school where you could attend and dress up like Hitler, Tojo or Stallin, yell obscene things and pass out fliers with your plans of genocide and recipes for fetal quiche or gimp leg stew. People will be offended. Seems to me like schools limit freedom to not just for "shits and giggles" but to prevent people from being offended ( the best they can ) and to maintain a comfortable learning environment. And while this was at a dance, it was still a school sponsored event, which means school rules still apply. What if the school had given in and let her wear the dress and other people had been offended and sued? I dont really like PC crap but I think schools are the most effected by it. Had the school allowed her to wear it, they could have been possibly dealing with even more crap than this right now. Last edited by Ruse; 12-24-2004 at 08:05 PM.. |
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12-24-2004, 08:30 PM | #51 (permalink) |
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To me, and to millions of other people, the confederate battle flag is a symbol that marks racism and white supremacy. Make all the arguments you want, But I went to school in the South, and you had the occasionaly dipshit ask "are you a nigger lover?". So I can recognize a racist symbol and what it entails.
As far as the 14 year old girl, is no one upset by the fact that this girl has such a sexual statement on her shirt, regardless of the sexuality preference? I don't think the school should condone a shirt stating Barbie's sexual preference. This girl is 14 years old, dammit. 14 year olds are way too young for this, and the school has every right to make her change her clothes or go home. Sexual discussions do not belong in school except for in a classroom with a qualified teacher. |
12-24-2004, 08:58 PM | #52 (permalink) | |
Psycho
Location: Virginia Beach, VA
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By what justification does the state deprive students of various rights while at school?
Does that reasoning stand outside of school and outside of an educational setting? If not, the state has no authority to invoke "school rules" to deprive young people of their rights. ________________ Quote:
Though I'm willing to bet to you, and to millions of other people, if someone says they interpret the confederate flag in the context of historical southern heritage, you take "southern heritage" to mean "racism and white supremacy". At which point meaningful discourse ends. Both the United Methodist Church and the Ku Klux Klan use the symbolism of the cross and flame. Seems like it would be slightly stupid to go into a conversation with a random Methodist assuming they're a KKK member, no?
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Simple Machines in Higher Dimensions Last edited by 1010011010; 12-24-2004 at 09:47 PM.. |
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12-24-2004, 11:21 PM | #54 (permalink) | |
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As far as yelling, and such, as long as they are not in class, they are also permited to do so. Remember, public schools are PUBLIC. |
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12-25-2004, 12:16 AM | #55 (permalink) |
Junkie
Location: In the land of ice and snow.
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I think it is important to remember that in the context of current events, the confederacy was nothing more than a treasonous, terrorist organization.
Beyond that, i don't really care either way. If the courts decide she deserves money, i hope her school district can afford it. |
12-25-2004, 12:34 AM | #56 (permalink) |
big damn hero
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If you're going to go out of your way to be offended, then you deserve to be offended.
She was told beforehand and chose to wear it anyway. For that reason, I can't agree with her position. However, I will say that a dress is just a dress and the school district probably shouldn't have issued the edict in the first place. Like I said, if you're going to go out of your way....
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No signature. None. Seriously. |
12-25-2004, 03:21 AM | #57 (permalink) |
Crazy
Location: Frigid North
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Everyone here needs to read Host's post on the Supreme Court's ruling in the Tinker case. Rules that pertain to issues of the 1st ammendment are not up to school teachers, administrators etc. to decided These are constitutional rights guaranteed to all Americans. Are there some limitations to those rights based on the educational environment, yes; but as the supreme court ruled, just because you are a fifteen year old high school student you do not lose your right to express your ideas.
Regarding the young lady, I am really suprised at the number of people that responded with "she knew it was wrong she shouldn't have done it". So then should Rosa Parks not have gotten out of her seat on the bus because she new that it was wrong? It's called civil disobedience people. One of the tactics that has proven extremely effective in inducing social change in, not only this country, but the world. Think Ghandi, Thoureau, King, etc. We can argue about what the Confederate flag stands for (I personally agree with Mr Mephisto in that it is a racist symbol), but the point of all of this is that this school violated the Constitutionally gauranteed civil rights of one of its students and should, in order to keep this from occuring again, be punished.
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My heart will be restless until it finds its final rest. Then they can weigh it... |
12-25-2004, 03:29 AM | #58 (permalink) |
Addict
Location: Tokyo, Japan
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If I tell women before I hire her, that she will be the object of constant harassment, does that make it legal to harass her at will? If I warn you not to say another word, and then punch you, is that legal? The warning does not change the legalities here.
Personally, I do not care about kids ‘dressing’ rights. If I had it my way, all public schools would have uniforms. However, a ‘warning’ here is not going to suffice in court. |
12-25-2004, 11:46 AM | #59 (permalink) |
Junkie
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If I wore a shirt to school that stated "I support Al'Queda" or "Thank God for 9/11" do you think that would be apporpriete? How about if I wore a shirt that said "Hitler had it right, kill all the Jews" Or what if it was a shirt that said "It's time to clense the races kill all the N*ggers" There is a point where free speach stops and that is when it becomes inflamitory. Wearing a confederate flag is simalar to these statements above to some people. This is why the school said don't wear it, this is why she should have listened, and this is why she will have no case.
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12-25-2004, 01:03 PM | #60 (permalink) | ||||
Psycho
Location: Virginia Beach, VA
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Just because people will choose to be offended by a confederate flag does not mean the school has any grounds to supress inoffensive speech using the confederate flag. Quote:
I agree it's a bad idea to wear a confederate flag, even with the best intentions. You will be misunderstood and probably upset a number of people. But people are Free to make mistakes- and learn from them (or not). That goes for the people trying to use the confederate flag inoffensively AND for the people who choose to be offended by its use.
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Simple Machines in Higher Dimensions |
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12-25-2004, 10:33 PM | #62 (permalink) | |
Crazy
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Its in the link from CNN Pic of dress at top |
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12-26-2004, 01:02 AM | #63 (permalink) |
Junkie
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I don't know about your schools but mine had a handbook that had rules, a couple of the rules were "Failure to listen to faculty can result in disiplinary action" and "Anything not covered in this handbook can be delt with disiplinary action" (aka elastic clause).
Would it be ok for me to wear a shirt with a picture of Bin Laden on the front and 2 thumbs up on the back? There are no words on it yet it would cause a problem. Freedom of speach can not be used as a legal reason for saying something if that something would reasonibly insight violence or hatred. |
12-26-2004, 08:05 AM | #64 (permalink) | |
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I'd like to offer a small correction. When Lincoln "freed the slaves," he excluded all slaves in the Union, and all slaves in portions of the Confederacy that were under Union control. The fact that they were border states was only peripheral to his plan, which was an attempt to instigate an uprising, not to free any slaves. In fact, as I'm sure you know, Lincoln had plans to ship US blacks back to Africa. Some "emancipator." Oh, and Mrs. U. S. Grant had slaves for about ten years after the war ended. |
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12-26-2004, 08:38 AM | #66 (permalink) | |
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Hmmmm. |
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12-26-2004, 10:10 AM | #68 (permalink) |
follower of the child's crusade?
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I think that such a dress would look utterly ridiculous.
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"Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas |
12-26-2004, 03:20 PM | #71 (permalink) | |||
Psycho
Location: Virginia Beach, VA
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To the extent that a t-shirt (or a dress) causes disruption, it is caused by the reactions of other students. So if someone wore either of those shirts, and disruption resulted, it should be suggested to the student to turn your shirt inside out, wear your jacket, etc. and the students who participated in the disruption (which may or may not include the student wearing the shirt) should be disciplined appropriately. __________________________________ Quote:
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Simple Machines in Higher Dimensions Last edited by 1010011010; 12-26-2004 at 03:52 PM.. |
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12-26-2004, 04:58 PM | #72 (permalink) |
Psycho
Location: Virginia Beach, VA
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http://spofga.org/flag/2004/dec/prom..._lawsuit.phtml has a several more pictures.
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Simple Machines in Higher Dimensions |
12-26-2004, 06:00 PM | #73 (permalink) | |
Junkie
Location: In the land of ice and snow.
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12-26-2004, 08:20 PM | #74 (permalink) | |
Psycho
Location: Virginia Beach, VA
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It's like insisting "Why do buddhists hate jews?" is a reasonable question. If the symbol is being used to refer to its historical context, and not to (one of) its meaning(s) in contemproary society, I'd say it's the other way around.
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Simple Machines in Higher Dimensions |
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12-26-2004, 08:52 PM | #75 (permalink) | ||
The sky calls to us ...
Super Moderator
Location: CT
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12-26-2004, 10:04 PM | #77 (permalink) | |
Junkie
Location: In the land of ice and snow.
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You could claim that the confederate flag represents state's rights, but it could also easily be claimed that the confederate flag represents treason, and the fight for slavery with equal validity. It all depends on who you ask. As for this particular instance, i'm all for people wearing whatever the fuck they want. Getting offended is a choice, often a very unproductive one. Looking at the dress i find it difficult to believe that she worked on the design for four years, though. Last edited by filtherton; 12-27-2004 at 02:14 AM.. |
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12-27-2004, 01:49 AM | #78 (permalink) |
follower of the child's crusade?
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I thought the German swastika was reversed, and the other way round to the old sun symbol?
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"Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas |
12-27-2004, 02:16 AM | #79 (permalink) | |
Junkie
Location: In the land of ice and snow.
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I don't know about the rest of the world, but i think many americans would be incapable of making the distinction. |
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confederate, dress, flag, prom, sues, teen |
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