Google
 
Web rhymeswithright.mu.nu

October 19, 2010

Probable Violation Of First Amendment At Virginia High School

And the irony, of course, is that it happened at a school called called "Liberty High School".

Administrators at a Bedford County school say they were forced to intervene in a student protest Tuesday morning.

20 students showed up at Liberty High School with tape over their mouths. The group was demonstrating against abortion.

When the principal learned what was happening, the protesters were asked to remove their tape.

The students were allowed to continue a silent protest for the rest of the day, once they removed the tape.

School spokesman Ryan Edwards says administrators got involved because the visible protest was viewed as a distraction in the classroom.

Now here's where the problem comes in -- the argument that the visible protest aspect (the tape) constituted a "distraction" is utter nonsense, especially in light that the silent protest was permitted to continue unimpeded. After all, let's consider the relevant Supreme Court precedent -- Tinker v. Des Moines. The following is the summary of the decision that was prepared by the Supreme Court when the decision was handed down.

Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board's power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:

1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 505-506.

2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 506-507.

3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments. Pp. 507-514.

DISPOSITION: 383 F.2d 988, reversed and remanded. [504]

Now tell me, how does tape over the mouth in any way rise to the standard set in this case -- "substantial interference with school discipline or the rights of others" -- in light of the fact that the tape would be in no way more disruptive than the black armbands in Tinker? It appears quite obvious to me, a legal layman who is also a professional educator, that the tape would not do so. It is therefore my considered opinion that the principal fundamentally erred in the decision to require that the tape be removed while permitting the silent protest to continue.

Indeed, I'd go a step further and argue that if the school administration were to argue that the tape did, in fact, rise to the level of a "substantial interference with school discipline", it's argument is completely undermined by the fact the silent protest itself would be even more of a disruption due to the need for students to fully engage in the pedagogical process in a high school classroom. To argue that the silence did not materially disrupt the classroom but the tape did strikes me as fatuous.





|| Greg, 09:20 PM || Permalink || Comments (115) || Comments || TrackBacks (0) ||

Trackback Information for Probable Violation Of First Amendment At Virginia High School

TrackBack URL for this entry: http://blog2.mu.nu/cgi/trackback.cgi/276095
Listed below are links to weblogs that reference 'Probable Violation Of First Amendment At Virginia High School'.

Comments on Probable Violation Of First Amendment At Virginia High School

I thought "the pedagogical process" was how you determined whether or not your Labrador Retriever was from a good blood line...lol

|| Posted by T F Stern, October 20, 2010 09:17 AM ||

First amendment rights were indeed violated in this case. The outcome of the students intended message most likely did not have the same affect as the tape would have had. Instead, the administratorsí goal was to 'water down' their message.

|| Posted by Clay Boggess, October 20, 2010 11:35 AM ||

rNRbhp ssmeyizisgqj, [url=http://fvymggvotvex.com/]fvymggvotvex[/url], [link=http://aruozqdlqtfl.com/]aruozqdlqtfl[/link], http://dzklrnyllcvp.com/

|| Posted by rwyfkambbo, July 7, 2016 11:29 AM ||

citalopram hydrobromide,

|| Posted by citalopram 20 mg weight loss, January 26, 2017 04:55 PM ||

diflucan,

|| Posted by fluconazole without script, January 27, 2017 01:24 AM ||

clindamycin,

|| Posted by clindamycin hcl, January 27, 2017 08:55 AM ||

tadalafil,

|| Posted by tadalafil no prescription, January 27, 2017 10:24 AM ||

elocon,

|| Posted by buy elocon, January 27, 2017 02:16 PM ||

adalat,

|| Posted by adalat without prescription, January 27, 2017 02:42 PM ||

atenolol online,

|| Posted by atenolol price, January 27, 2017 09:51 PM ||

antibiotic keflex,

|| Posted by get the facts, January 27, 2017 10:08 PM ||

albuterol,

|| Posted by albuterol, January 28, 2017 12:33 AM ||

wellbutrin xl,

|| Posted by wellbutrin xl, January 29, 2017 04:12 PM ||

baclofen tablets,

|| Posted by for more, January 29, 2017 08:22 PM ||

abilify cost,

|| Posted by abilify, January 29, 2017 10:35 PM ||

buy stromectol,

|| Posted by stromectol, January 30, 2017 07:39 AM ||

where can i buy tamoxifen,

|| Posted by buy tamoxifen, January 30, 2017 12:41 PM ||

how much is amoxicillin,

|| Posted by buy amoxicillin, January 31, 2017 12:59 AM ||

3HkkGs ynfmsukkojvn, [url=http://bfbcylowjegp.com/]bfbcylowjegp[/url], [link=http://ncdciqlppqbs.com/]ncdciqlppqbs[/link], http://kosevjxgoahh.com/

|| Posted by yiusjqohwn, January 31, 2017 02:33 PM ||

ampicillin pills,

|| Posted by ampicillin, January 31, 2017 06:17 PM ||

strattera,

|| Posted by cheap strattera, January 31, 2017 07:01 PM ||

order viagra online canada,

|| Posted by viagra from india, January 31, 2017 09:29 PM ||

azithromycin,

|| Posted by azithromycin order online, February 1, 2017 02:34 AM ||

Cephalexin,

|| Posted by cephalexin without a prescription, February 1, 2017 05:08 PM ||

cheap mobic,

|| Posted by mobic 7.5 mg, February 2, 2017 02:41 AM ||

tretinoin cream 0.1 price,

|| Posted by tretinoin cream 0.025 price, February 2, 2017 11:00 AM ||

buy tretinoin,

|| Posted by tretinoin, February 2, 2017 01:23 PM ||

antabuse,

|| Posted by antabuse ordering from uk, February 3, 2017 01:57 AM ||

antabuse,

|| Posted by antabuse, February 3, 2017 06:47 AM ||

get more information,

|| Posted by anafranil, February 3, 2017 02:20 PM ||

azulfidine,

|| Posted by azulfidine 500 mg, February 3, 2017 09:19 PM ||

Generic Diclofenac,

|| Posted by Diclofenac Without A Prescription, February 4, 2017 03:40 AM ||

tretinoin cream,

|| Posted by where to buy tretinoin cream, February 4, 2017 04:49 AM ||

buy amoxicillin,

|| Posted by amoxicillin with no prescription, February 4, 2017 08:19 AM ||

vpxl no prescription needed,

|| Posted by Buy Vpxl, February 4, 2017 08:46 AM ||

albendazole,

|| Posted by albendazole without prescription, February 4, 2017 08:09 PM ||

buy albuterol inhaler,

|| Posted by albuterol, February 4, 2017 10:54 PM ||

albuterol,

|| Posted by albuterol ipratropium, February 5, 2017 09:13 AM ||

effexor ir,

|| Posted by BUYING EFFEXOR ONLINE, February 5, 2017 10:50 AM ||

bentyl 10 mg capsule,

|| Posted by bentyl, February 5, 2017 11:51 AM ||

amitriptyline,

|| Posted by amitriptyline 25 mg, February 5, 2017 05:59 PM ||

diclofenac,

|| Posted by diclofenac, February 5, 2017 09:44 PM ||

valacyclovir,

|| Posted by valacyclovir, February 6, 2017 01:30 AM ||

atenolol 50mg,

|| Posted by atenolol 50mg, February 6, 2017 04:28 AM ||

advair,

|| Posted by advair, February 6, 2017 06:07 AM ||

seroquel,

|| Posted by purchase seroquel, February 6, 2017 08:50 AM ||

viagra price comparison,

|| Posted by viagra canada, February 6, 2017 09:00 AM ||

arimidex,

|| Posted by buy arimidex, February 7, 2017 03:25 AM ||

yasmin,

|| Posted by yasmin birth control, February 7, 2017 08:14 AM ||

antabuse,

|| Posted by antabuse prices, February 7, 2017 12:02 PM ||

buy diflucan,

|| Posted by buy diflucan, February 7, 2017 12:11 PM ||

can you purchase azithromycin,

|| Posted by azithromycin tablets, February 7, 2017 12:56 PM ||

albuterol,

|| Posted by buy albuterol, February 7, 2017 01:59 PM ||

ampicillin 500 mg,

|| Posted by ampicillin 500 mg, February 7, 2017 09:05 PM ||

acyclovir 400 mg cost,

|| Posted by acyclovir, February 8, 2017 08:07 AM ||

elimite,

|| Posted by buy elimite online, February 8, 2017 09:56 AM ||

amaryl,

|| Posted by generic amaryl, February 8, 2017 12:12 PM ||

suTlEy cdmtyqojmjag, [url=http://dubosgvpesvg.com/]dubosgvpesvg[/url], [link=http://cqdhuhondipo.com/]cqdhuhondipo[/link], http://ezejtgmcdcxi.com/

|| Posted by eysaagjzfyf, February 8, 2017 01:56 PM ||

order atenolol,

|| Posted by Atenolol No Prescription, February 8, 2017 02:12 PM ||

buy phenergan,

|| Posted by buy phenergan, February 9, 2017 04:06 AM ||

stromectol,

|| Posted by stromectol, February 9, 2017 10:15 AM ||

buy cialis,

|| Posted by Tadalafil Mail Order, February 9, 2017 07:41 PM ||

compazine for migraines,

|| Posted by compazine, February 10, 2017 03:02 AM ||

prednisolone 5mg,

|| Posted by prednisolone, February 10, 2017 06:20 AM ||

flagyl 400,

|| Posted by flagyl buy, February 10, 2017 07:46 AM ||

furosemide 40mg,

|| Posted by here, February 11, 2017 02:38 AM ||

clomid for men,

|| Posted by clomid, February 11, 2017 02:55 AM ||

where can i get nolvadex,

|| Posted by tamoxifen, February 11, 2017 03:12 AM ||

buy furosemide,

|| Posted by Furosemide, February 11, 2017 09:59 PM ||

trazodone hcl 50 mg,

|| Posted by home, February 12, 2017 12:17 PM ||

retin a,

|| Posted by retin-a, February 12, 2017 01:18 PM ||

generic cleocin gel,

|| Posted by cleocin gel, February 12, 2017 06:10 PM ||

bentyl,

|| Posted by bentyl cost, February 13, 2017 03:29 AM ||

anafranil cost,

|| Posted by anafranil, February 13, 2017 12:34 PM ||

nolvadex tablet,

|| Posted by nolvadex, February 14, 2017 12:18 AM ||

nolvadex buy,

|| Posted by buying nolvadex online, February 14, 2017 10:56 AM ||

zoloft,

|| Posted by bonuses, February 14, 2017 12:56 PM ||

diclofenac,

|| Posted by diclofenac, February 14, 2017 04:36 PM ||

tenormin,

|| Posted by tenormin 50mg, February 15, 2017 02:03 AM ||

nolvadex,

|| Posted by nolvadex, February 15, 2017 02:56 AM ||

medrol,

|| Posted by solu medrol, February 15, 2017 05:01 AM ||

where can i buy viagra,

|| Posted by viagra, February 15, 2017 05:49 PM ||

buy neurontin,

|| Posted by buy neurontin, February 16, 2017 12:44 AM ||

cephalexin,

|| Posted by cephalexin, February 16, 2017 05:40 AM ||

trazodone online,

|| Posted by trazodone, February 16, 2017 07:16 AM ||

viagra cialis online,

|| Posted by cialis coupons, February 16, 2017 08:09 AM ||

serpina,

|| Posted by serpina, February 16, 2017 09:45 AM ||

adalat,

|| Posted by adalat, February 16, 2017 03:10 PM ||

buy amoxicillin,

|| Posted by buy amoxicillin, February 16, 2017 07:02 PM ||

noroxin,

|| Posted by buy noroxin, February 16, 2017 11:27 PM ||

homepage,

|| Posted by buy triamterene, February 17, 2017 07:10 AM ||

find out more,

|| Posted by abilify 2 mg, February 17, 2017 11:56 AM ||

buy generic celexa,

|| Posted by celexa, February 17, 2017 03:10 PM ||

sildenafil,

|| Posted by sildenafil citrate india, February 17, 2017 03:22 PM ||

zyloprim 300 mg,

|| Posted by zyloprim, February 17, 2017 04:03 PM ||

discover more,

|| Posted by buy tamoxifen, February 17, 2017 09:40 PM ||

helpful hints,

|| Posted by clindamycin, February 18, 2017 02:49 AM ||

losartan hydrochlorothiazide,

|| Posted by hydrochlorothiazide, February 18, 2017 01:54 PM ||

proventil hfa 90 mcg inhaler,

|| Posted by ventolin, February 18, 2017 09:04 PM ||

medrol 4mg pak,

|| Posted by medrol 4 mg dose pack, February 19, 2017 03:57 AM ||

bupropion hcl sr,

|| Posted by read full article, February 19, 2017 02:03 PM ||

lasix,

|| Posted by buy lasix, February 20, 2017 01:20 AM ||

hair loss cream,

|| Posted by hair loss cream, February 20, 2017 03:41 AM ||

wellbutrin,

|| Posted by wellbutrin xl 150 mg, February 20, 2017 07:02 AM ||

zerit,

|| Posted by zerit, February 20, 2017 09:53 AM ||

buspirone 5 mg,

|| Posted by buy buspar, February 20, 2017 02:27 PM ||

prednisone cost,

|| Posted by prednisone no prescription, February 20, 2017 03:40 PM ||

hydrochlorothiazide,

|| Posted by hydrochlorothiazide 25 mg tab, February 21, 2017 01:09 AM ||

LYUZuj odnfuluedecw, [url=http://cdaiunuezngj.com/]cdaiunuezngj[/url], [link=http://gxykwgupfqhh.com/]gxykwgupfqhh[/link], http://jjwnrckzpwzm.com/

|| Posted by ucyuxlyikav, February 24, 2017 08:53 PM ||

stromectol online,

|| Posted by continue, March 1, 2017 02:24 AM ||

trazodone,

|| Posted by trazodone mg, March 1, 2017 03:04 AM ||

generic sildalis,

|| Posted by buy sildalis, March 1, 2017 05:24 AM ||

phenergan dm,

|| Posted by phenergan, March 1, 2017 11:28 AM ||

buy triamterene,

|| Posted by triamterene, March 1, 2017 05:21 PM ||

buy sertraline without,

|| Posted by setraline purchase, March 1, 2017 06:20 PM ||
Post a comment

Remember personal info?


 

 





AnotherMunublogSmall.jpg





Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Abortion (posts: 2)
Announcements (posts: 13)
Blogging (posts: 187)
Border Issues & Immigration (posts: 421)
deferred (posts: 4)
Education (posts: 685)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1571)
Paid Advertising (posts: 234)
Personal (posts: 109)
Politics (posts: 5271)
Race & Racism (posts: 281)
Religion (posts: 819)
Terrorism (posts: 884)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)

Archives

January 2017
December 2016
November 2016
February 2016
January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



MuNuviana



Licensing

Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64
AnotherMunublogSmall.jpg

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure

adpolicy.gif

About Me

NAME: Greg
AGE: 50-ish
SEX: Male
MARITAL STATUS: Married
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site


Support This Site



Recent Entries

On Fake News
Who Cares About The Emoluments Clause?
If It Doesn't Bother You, It Should
Bromance Turns America Into Russian Satellite State
Because Many Americans Would Findf The Biblical Plagues To Be Preferable
Because When A Minority Wins An Election, The Majority Must Shut Up
Hope For The Future
My Resignation As Precinct Chair
Resolution Packet For GOP Precinct Conventions
Why #NeverTrump Is The Only Moral Position

Blogroll


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs