High school students sue to wear anti-gay clothing at school

[Kaboom]

So you'd award these kids 'damages' in this situation if you could? This is from a legal perspective, not a moral one.

based just on my knowledge of the common law and without any knowledge of state specific or federal regulations concerning any related issues that may involved, and without being fully apprised of the facts of the situation, it is hard to say who is right or wrong in this specific matter.

based on what we do know, and if i was a jury of one, i would likely award them nominal damages in the amount of one dollar to accrue interest at the legal rate.

 

[Babs Gordon]

haha $1 in damages.

that would be amusing.

 

[Kaboom]

So you'd award these kids 'damages' in this situation if you could? This is from a legal perspective, not a moral one.

haha $1 in damages.

that would be amusing.

there are different types of damages.

essentially there are compensatory damages: how much financial harm did you actually suffer.

and punitive damages: how much should we punish the opposing party for their actions. punitive damages must be seperately plead and are usually capped against municipal corporations. just so you know.

so by giving them one dollar, id essentially say "yes, you are right you should have been allowed to be a hate-monger. now go pay your attorney his fee."

try defintion of a pyrrhic victory.

 

[Babs Gordon]

hm interesting.

i have a feeling this 'what is legal' and 'what is really allowed' in school business has been a hot topic for decades. it's never as simple as what the law says in these types of situations, i'm afraid.

 

[Kaboom]

hm interesting.

i have a feeling this 'what is legal' and 'what is really allowed' in school business has been a hot topic for decades. it's never as simple as what the law says in these types of situations, i'm afraid.

i believe you are right.

because i believe most parents have the good sense to tell their kids not to be jerks.

 

[Babs Gordon]

it makes me sad to think that the kids feel so justified. goodness knows 75% of everyone reading that article thinks those kids are downright ***holes.

 

[Mr Sparkle]

sadly I think it's more evenly distributed.

 

[Babs Gordon]

you're probably right.

 

[Noir]

Well, blacks and Jews are next I suppose...

"BE HAPPY. NOT BLACK." "YOU KILLED JESUS."

 

[psychocheeseman]

I agree with them, why is it okay to be pro gay but not anti gay?

Dude?!? That's like saying "why is it okay to be pro equal rights for all races, and not okay to be racist?"

I agree with Wall Crawler and that's the reason the sueing doesn''t even make sense. I think the school officials were right to suggest you can be pro straight but not anti-gay.

But What would happen in a case like wearing a pro Nazi sign?

Similarly, what would happen if someone went to school wearing a 'white pride t shirt'? sorry to confuse the issue and all.

freedom of speech does not mean "i am free to say whatever I want as long as I dont offend you."
freedom of speech means "i am free to say whatever I want"
it can be regulated as to place, time, and mode...but not to content.
moreover, schools, as parts of government are not free to endorse certain speech and restrict others. If they allow some, they must as a matter of law allow at all.

We down here on the other side of the world don't have a bill of rights (not at the federal level anyway, and the small states that do have them don't actually give you a right to bring an action at law) we do however, have an implied right to free speach from our constitution however that only goes so far as to give us free speach for the greater democratic dialogue to continue. It does not extend so far as to give us a right to discriminate against others or incite prejudices. For us its still technically illegal for us to have a swear word written on a t-shirt in an offensive manner.
in this case it seems kinda weird that the school has a pro gay day, however in light of the previous discriminations perhaps some affirmative action is still needed.

 

[SLVRSR4]

I would have found it funny if she had a shirt that said smear the queer but had poop on it! I have decided to not argue it because "favoritism" and "rights"

 

[Tangled Web]

I agree with them, why is it okay to be pro gay but not anti gay?

Why is it okay to be pro (insert ethnic group) but not anti (insert ethnic group)?

 

[X-Punisher]

I don't see the big deal as long as it isn't saying "kill the gays" or something. I mean, I see girls wear those "Stupid Factory" T-Shirts where they pretty much say to beat up men and they don't get in trouble, but if I wear something that was sexist towards women, I would definently get in trouble for that, which is bull****.

 

[KingOfDreams]

I'm a big fan of the right to free speech and expression...but I draw the line at bigotry. I hope they lose the case. This may be a hypocritic position of mine but I don't care. Bigotry is the worst of crimes.

 

[Majik1387]

I swear people don't listen in here or in U.S. Government classes.

What this shirt is considered is not freedom of speech according to the US Constitution.

 

[Dan33977]

The fact that some citizens of this country still have homophobic, anti-homosexual views just astounds me.

 

[Babs Gordon]

They're missing out on the wonderment that is having gay friends. Best ever.

 

[Noir]

I swear people don't listen in here or in U.S. Government classes.

What this shirt is considered is not freedom of speech according to the US Constitution.

Actually it isn't the constitution that says that its was the cases of Brandenburg v. Ohio and Schenck v. United States.

 

[ang_hulk]

lame.Schools have anti bullying laws and dont allow harrasment of other students,this kind of stuff falls between those laws,if these kids win its going to cause a death atleast somwhere around the world.the anti gay and gay communitys would swarm this high school.

 

[ShadowBoxing]

There is a difference being advertising what you are (like wearing a "I like being Gay" shirt or "I like being straight" shirt) than wearing a shirt condemning someone else for their lifestyle, especially in a public school or public setting. If you want to condemn a group in the privacy of your own home, living space, business or reserved space that is a different thing entirely.

 

[Noir]

Its like wearing a shirt that says:
I HATE BLACK PEOPLE.

 

[Trainwreck2100]

I swear people don't listen in here or in U.S. Government classes.

What this shirt is considered is not freedom of speech according to the US Constitution.

The Supreme Court also ruled that not all students rights carry over into the classroom. So even if it was the school is in their right Search and seizure for example.


I don't get how you can be pro something, but being anti is bad, the school will probably just stop allowing pro-gay shirts to be worn.

As for the "blacks and the jews" comment that somebody posted earlier. Only somebody with a suicide wish will where anything anti(insert ethnicity here) to a public school.

 

[Noir]

The Supreme Court also ruled that not all students rights carry over into the classroom. So even if it was the school is in their right Search and seizure for example.


I don't get how you can be pro something, but being anti is bad, the school will probably just stop allowing pro-gay shirts to be worn.

As for the "blacks and the jews" comment that somebody posted earlier. Only somebody with a suicide wish will where anything anti(insert ethnicity here) to a public school.

They're just saying there gay, sorta like Black and Proud, they're not saying straight people are bad, they're not saying straight people aren't happy. If you read what was on the shirt it was "Be Happy. Not Gay" that isn't even close to what they gay children were wearing that was saying "Your a ****** and your not happy." basicly.

 

[Majik1387]

The Supreme Court also ruled that not all students rights carry over into the classroom. So even if it was the school is in their right Search and seizure for example.

I know, I touched on that in an earlier post of mine.

I don't get how you can be pro something, but being anti is bad, the school will probably just stop allowing pro-gay shirts to be worn.

Because Hate Speech/Fighting Words are not protected by free speech. Pro-anything is not considered Hate Speech/Fighting Words, therefore it's protected.

 

[Noir]

I know, I touched on that in an earlier post of mine.

Because Hate Speech/Fighting Words are not protected by free speech. Pro-anything is not considered Hate Speech/Fighting Words, therefore it's protected.

What if your pro-holocaust