http://www.intheagora.com/archives/2007/03/students_and_the_limits_of_permissible_speech/?source=rss current events, culture, faith, science and more Sat, 20 Mar 2010 05:40:35 -0700 http://wordpress.org/?v=2.8.2 hourly 1 http://www.intheagora.com/archives/2007/03/students_and_the_limits_of_permissible_speech/comment-page-1/#comment-6461 Alan K. Henderson Thu, 22 Mar 2007 22:23:27 +0000 http://intheagora.com/2007/03/students_and_the_limits_of_permissible_speech.html#comment-6461 <a href="http://alankhenderson.blogspot.com/2007_03_01_archive.html#4793399335567178246" rel="nofollow">Duly blogged</a>, with an update to my previous comment: "This requires some clarification. As reported by the NYT [link <a href="http://www.nytimes.com/2007/03/18/washington/18scotus.html?bl&ex=1174536000&en=47a69d5cd8348721&ei=5087%0A" rel="nofollow">here</a>], the school's cheerleaders and marching band participated in the parade, thus the parade itself is cosponsored by the school. <i>But the parade viewing is a separate event</i>. If the school didn't officially reserve space for student parade viewing, then the school doesn't have jurisdiction to regulate any kind of activity going on there." Duly blogged, with an update to my previous comment:
“This requires some clarification. As reported by the NYT [link here], the school’s cheerleaders and marching band participated in the parade, thus the parade itself is cosponsored by the school. But the parade viewing is a separate event. If the school didn’t officially reserve space for student parade viewing, then the school doesn’t have jurisdiction to regulate any kind of activity going on there.”

]]> http://www.intheagora.com/archives/2007/03/students_and_the_limits_of_permissible_speech/comment-page-1/#comment-6460 Alan K. Henderson Wed, 21 Mar 2007 12:09:24 +0000 http://intheagora.com/2007/03/students_and_the_limits_of_permissible_speech.html#comment-6460 Since the banner wasn't displayed on school property, or even during school hours, the only way that the school can claim any authority to reprimand Frederick is if the event is a school event. The parade is sponsored by the International Olympic Committee. But is it also concurrently a school event? Let's take a look at school proms. Attendance is optional, and they are often held at off-campus locations. Sounds just like this parade, right? Not so fast. The prom has one more characteristic: the site of the prom has been specifically reserved by the school for that function. Unless the school made an agreement in advance with the property owners to reserve that area exclusively for students who wished to attend, Principle Morse's case looks weak. Since the banner wasn’t displayed on school property, or even during school hours, the only way that the school can claim any authority to reprimand Frederick is if the event is a school event. The parade is sponsored by the International Olympic Committee.
But is it also concurrently a school event? Let’s take a look at school proms. Attendance is optional, and they are often held at off-campus locations. Sounds just like this parade, right?
Not so fast. The prom has one more characteristic: the site of the prom has been specifically reserved by the school for that function. Unless the school made an agreement in advance with the property owners to reserve that area exclusively for students who wished to attend, Principle Morse’s case looks weak.

]]> http://www.intheagora.com/archives/2007/03/students_and_the_limits_of_permissible_speech/comment-page-1/#comment-6459 Off Colfax Wed, 21 Mar 2007 05:34:15 +0000 http://intheagora.com/2007/03/students_and_the_limits_of_permissible_speech.html#comment-6459 An additional topic that could be in the area-of-effect blast radius of the eventual <i>Morse</i> decision would be the student's ability to challenge publicly portions of the school curriculum, i.e. the creationism/evolution debate. Should the Court hold that schools can limit non-disruptive, yet controversial, speech (And I believe that this case involves a case of non-disruptive controversial speech.), what limits would this place on the ongoing Darwinian v Mosaic Genesis controversy being acted out on, or off, school grounds? And no. I'm not a lawyer. But I play one on teh intarwebs. An additional topic that could be in the area-of-effect blast radius of the eventual Morse decision would be the student’s ability to challenge publicly portions of the school curriculum, i.e. the creationism/evolution debate. Should the Court hold that schools can limit non-disruptive, yet controversial, speech (And I believe that this case involves a case of non-disruptive controversial speech.), what limits would this place on the ongoing Darwinian v Mosaic Genesis controversy being acted out on, or off, school grounds?
And no. I’m not a lawyer. But I play one on teh intarwebs.

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