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The Inconsistency of the Federal Courts and Schools April 25, 2008

Posted by truthspew in Uncategorized.
Tags: , ,

The latest is that the student that wants to wear his “Be Happy, Not Gay!” t-shirt to his school during the National Day of Truth on Monday, following the National Day of Silence on Friday.

The school of course banned it. But then a federal appellate court said that he can wear it.

Since when has the federal court taken such an interest in first amendment rights in public schools? Of course the Alliance Defense Fund was active in this case. Curiously they don’t list who their allies happen to be, but they do say that over 300 ministries are it’s allies. I just bet the AFA is one since they are a ministry whether they want to be known as such or not.

But the courts have traditionally been hands off when it comes to school rules and regulations. I find the case of the t-shirt to be in the same vein as yelling fire in a crowded theater. It is also hate speech.

I recall the case of an incident at one of our local schools. The Providence School Department has long had a regulation that bans smoking on school property.

One day a student made a video of the principal of one of the schools smoking in a prohibited area. The resulting shit storm made it clear that the student should not have been taking video of the principal smoking, blah blah blah. It finally quietly went away after a couple of weeks.

The district policy still says there’s no smoking on school grounds.

But let one little hate monger wear a t-shirt and it’s off to federal court. I’d like to see the federal courts reject these cases outright saying that they belong in state jurisdiction. I’d like to see the state courts emphatically make this point.

But it’s far more likely the state courts essentially told these religious fuckwits to go pound sand so they took it to the federal level. And as I said, they too should have told them to go pound sand.

The only nice thing about this is that it makes it easy to spot the bigots. And what happens when another child wants to wear a t-shirt to school that says “Religion is just a fairy tale”

This is bad case law.



1. onanaite - April 25, 2008

If the shirt had said be gay not just happy I wonder if it would have gotten the same response?


2. Rick - April 25, 2008

Read Tinker v Des Moines School Board get some knowledge, not just uneducated opinion.

=-=-=-Truthspew says=-=-=-
Certainly but in more cases than not school regulations serve to stifle expression. A USSC decision doesn’t necessarily mean that everyone is going to pay attention to it.

And in the case you quote the black armbands according to the opinion writer Justice Fortas were

…wearing of symbols like the armbands cannot be prohibited unless it “materially and substantially interfere[s] with the requirements of appropriate discipline in the operation of the school.” Burnside v. Byars, 363 F.2d 744, 749 (1966).

In the instance of the t-shirt it clearly is controversial and will interfere with the appropriate discipline of the school.

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