Posted on Apr 29, 2021
'Frightened To Death': Cheerleader Speech Case Gives Supreme Court Pause
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Facing its biggest student speech case in a half-century, the Supreme Court seemed to be looking for a narrow exit door on Wednesday.
At issue was whether schools may punish students for speech that occurs online and off-campus but that may affect school order.
The case has been billed as the most important student speech case since 1969. That landmark ruling came at the height of the Vietnam War. Mary Beth Tinker and four other students went to court after they were suspended for wearing black armbands to school to protest the war.
At issue was whether schools may punish students for speech that occurs online and off-campus but that may affect school order.
The case has been billed as the most important student speech case since 1969. That landmark ruling came at the height of the Vietnam War. Mary Beth Tinker and four other students went to court after they were suspended for wearing black armbands to school to protest the war.
'Frightened To Death': Cheerleader Speech Case Gives Supreme Court Pause
Posted from npr.org
Supreme Court
Freedom of Speech
Vietnam War
Protest
Posted >1 y ago
Responses: 6
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Can't wait to see what comes out of this. Sounds like started with hurt feelings and the school system overreacred.
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Issue is the US legal concept of "in / en loco parentis". Latin for "in place of the parent", it confers partial legal authority for schools over students. Although 1st amendment guarantees freedom of speech, its place in an educational setting is debatable based on student status and minor age in some cases
https://www.usedulaw.com/345-in-loco-parentis.html
https://www.usedulaw.com/345-in-loco-parentis.html
Parents send their child to school to spend the day in the company of educators. This simple everyday act removes their children from the physical control of their parents. While parents do not relinquish their responsibility for their children when the children attend school, parents share some of
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SSG Robert Perrotto
the issue is, it was off campus, and not utilizing school property. The schools authority ends at the limit of the schools grounds. They do not have unilateral authority to punish a students speech when that speech is off their campus.
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SrA John Monette
SSG Robert Perrotto - i agree. schools can't suspend a student for shoplifting off school grounds. why should they be able to control their speech off school grounds or not at a school function?
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Seems the speech was off-campus and a school official brought it to campus...
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