Free speech or Bullying?

Student's have no, and indeed can not have the complete freedom of speech that we enjoy while they are in school. Hell, teachers in fact do not have such freedom. It's not conducive to a good educational environment.

Now in THIS particular situation, I have a few questions. How far did things progress before the student was asked to leave the class, and once asked to leave where did he go? In OUR school when a student is asked to leave a class for disciplinary reasons, they are sent to the vice principal of discipline and either disciplined or sent back to class.

Some states disagree, and specifically give students extra protection under state law and state constitutions.

Link, Quantum Windbag?

http://www.nlg-la.org/index_files/student_rights.pdf
 
There are several reasons why violations of student rights are upheld by the courts. One of the most basic reasons is known as in loco parentis. This Latin phrase basically means that while a student is in the custody of a school, the school can and often should act as a parent. In this duty of the school, many decisions can be made that are outside the normal governmental purview. The other basic reason for violation of student rights has to do with the goal of school — to educate. If an act of a student can interfere with the educational process, that act may, in many cases, be suppressed.

The Supreme Court said in Tinker that "[If] conduct by the student, in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech." This is the hinge upon which many cases turn when a school violates a student's free speech protections.

In Bethel School v Fraser (478 US 675 [1986]), the Court ruled that a school was not violating a students rights when it suspended a student for the use of crude language in a speech to a school assembly. Said the Court: "It does not follow ... that simply because the use of an offensive form of expression may not be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a public school... The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board."
Constitutional Topic: Student Rights - The U.S. Constitution Online - USConstitution.net

Like I said before, we don't know why the teacher decided to send this kid out. And we never will, because adults are not permitted to discuss minors outside of school. He used his better judgment. Perhaps he over-reacted (which I have a feeling he didn't) but, that is certainly not worth a day's pay.

If teachers in that district or state think they will lose wages for something like this, chances are these students will be empowered to say whatever.

Are the statements: "homosexuals will go to hell" or "blacks are inferior" opinions? Certainly. But let them try saying that in the workplace. They will be asked to leave as well. Permanently.

And his supervisors, who presumably do know the full story, decided he was wrong under the laws and regulations that he is subject to. Why does this bother you so much? Do you think that every state and city should have exactly the same laws?
 
Chances are this teacher knows this student well and teaching him how misguided he is would be an exercise in futility. Sending him out may have prevented a much bigger incident. Trust me I know. :eusa_whistle:

I can believe that. Doesn't make him right though.
 
Over reacting is not worth a days pay.. How about "under reacting"?

The new bullying law in NJ now holds teachers accountable for all "bullying behavior" both inside and outside school. It also includes language that includes what a teacher knows and "what they should have known". Figure that one out.

Damned if you do. Damned if you don't.
 
People have the freedom of speech when attacking straight white males, anything else is a hate crime.
 
On Oct. 20, McDowell told a student in his classroom to remove a belt buckle with the Confederate Flag, the symbol of the southern confederacy that seceded from the United States over slavery, kicking off the Civil War in the 1860s.
She complied, but it prompted a question from a boy about how the flag differs from the rainbow flag, a symbol of pride for the gay community.
"I explained the difference between the flags, and he said, 'I don't accept gays,''' said McDowell, 42, who was wearing a shirt with an anti-gay bullying message.
McDowell said he told the student he couldn't say that in class.
"And he said, 'Why? I don't accept gays. It's against my religion.' I reiterated that it's not appropriate to say something like that in class,'' McDowell said Monday.
McDowell said he sent the boy out of the room for a one-day class suspension. Another boy asked if he also could leave because he also didn't accept gays.


Teacher Suspended For Ejecting Student Over Anti-Gay Remark : NPR

Based on that account I'd have to say that the teacher overreacted.

Re-read the link I posted mani, and watch the video. The KKK has apparently made Ann Arbor a center of its activities and the kids who are targeted by these white supremacists have been taking hell in school. This teacher had doubtless witnessed much misconduct by the student he sent out of class before he took action.

Sounds as if personal safety is an issue, not just hurt feelings.
 
Over reacting is not worth a days pay.. How about "under reacting"?

The new bullying law in NJ now holds teachers accountable for all "bullying behavior" both inside and outside school. It also includes language that includes what a teacher knows and "what they should have known". Figure that one out.

Damned if you do. Damned if you don't.

Just shows how stupid progressives are. Bullying is a part of life.
 

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