CDZ Free speech and the protection of vulgar language

[Kilroy2]

A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown (msn.com)

A fitting early case that the Trump court will have to decide if they want to hear the case. Can a school punish students when they use social media to rant using vulgar language about school stuff? Specifically the school, cheer, softball and other things. The girl was taken off the cheer squad. Appeals have been made and the Supreme court will get the case.

The student will be represented by the ACL which will argue for her first amendment rights in regards to free speech. The school cannot remove her from the cheer squad because of what she says off campus. Yet if she says in on campus then they can. A line in the sand.

The school will try to enforce their decision to have the right to remove her the cheer squad based on what she posted even if it was off campus when she did it. Generally can the school discipline students from what they say away from school.

I have to say that I am torn between the two. Someone on the cheer squad who so easily post vulgar language and hand signs on social media. Probably no the best thing to do for all to see.

yet I do respect peoples rights to say what is in their heart. I would say that she was just venting and used social media.

Still such language can be repeated and spread by others. Creating situations in the school environment like school bullying and encouraging others to be vulgar for trivial things.

I am going to go with the school on this one. A message should be sent to avoid using social media to say things that you cannot take back. It is out there for all to see. The larger issue is common sense. It seems social media makes people lose self control. They are angry and they can post it for all to see. As a parent I would tell her that it was her mistake and to learn from it. That is just my opinion.

 

[pknopp]

The school is opening a can of worms they do not want opened I think. This was a curse word. One used on the football field regularly. One I've heard more than one coach use. Do they get suspended for using the word also?

Generally in restricting speech that could cause problems at a school the court will side with the school in the interested of keeping a peaceful learning environment. Whether I agree or not is something else but that's generally how they rule.

I'm not sure this curse words even meets that level. I imagine it's used quite often in the school daily. Does everyone that use it get suspended? Did she use it towards an individually specifically? That may make a difference.

 

[Mac1958]

This is a cultural issue. We've spent the last few generations excusing and ignoring (and therefore enabling) worse and worse behavior and standards of behavior, and here we are.

 

[justinacolmena]

Can a school punish students when they use social media to rant using vulgar language about school stuff?

Not off campus they can't. The kids are not in school by choice, and therefore the school has no authority whatsoever what they say off campus as long as they are not breaking the law there.

Specifically the school, cheer, softball and other things. The girl was taken off the cheer squad. Appeals have been made and the Supreme court will get the case.

The girls should play their own sports if they cannot participate as equals to the boys. They shouldn't be selling their legs and bodies to promote boys sports anyways. That is vulgar in and of itself.

Someone on the cheer squad who so easily post vulgar language and hand signs on social media. Probably no the best thing to do for all to see.

.
Hand signs aren't vulgar. Indecent exposure of genitals whatnot is, but that is for other authorities off the school district

Creating situations in the school environment like school bullying and encouraging others to be vulgar for trivial things.

Vulgar is a synonym to common or trivial, or of common or low-class people. Adults should not deem childish vulgarities to be so worthy of their attention.

 

[JoeMoma]

Most people have said things that would be problematic if it were published for the whole world to see. It would be nice if we could have a "statute of limitations" on destroying someone's life over a social media post.

 

[Kilroy2]

The school is opening a can of worms they do not want opened I think. This was a curse word. One used on the football field regularly. One I've heard more than one coach use. Do they get suspended for using the word also?

Generally in restricting speech that could cause problems at a school the court will side with the school in the interested of keeping a peaceful learning environment. Whether I agree or not is something else but that's generally how they rule.

I'm not sure this curse words even meets that level. I imagine it's used quite often in the school daily. Does everyone that use it get suspended? Did she use it towards an individually specifically? That may make a difference.

That is a good point about sports and how some people do speak when talking in groups or to each other.

 

[justinacolmena]

Most people have said things that would be problematic if it were published for the whole world to see. It would be nice if we could have a "statute of limitations" on destroying someone's life over a social media post.

Most social media platforms allow users to delete their own posts if they choose to do so. But it would probably be preferable to delete the hit men and extortioners who are bent on destroying other people’s lives over what they might or might not have said in some particular context at some particuar time.

 

[ReinyDays]

The student wasn't kicked out of school ... so the question is all about extra-curricular activities ... can we enforce standards of conduct off-campus on the students who represent our schools? ... we certainly could back when I was growing up, just because the football players were at the party where under-age drinking was going on got them benched, even though the players all blew 0.00 BAC ... but this was a community who hired the local Mormon bishop to teach sex ed ... [rolls eyes] ...

Easy enough to privatize the extra-curricular activities ... whip up a 501(c)3 corp and and hold these young folks to a higher level of citizenship ... we can certainly get fired from our jobs if we post offensive materials to the web ... 1st Amendment only applies to the government ... as long as we respect the protected classes ...

Where are the parents of this 14-year-old? ... they think it's okay for the student to be flipping birds on the internet AND being a cheerleader ... there's a deeper social issue here that the courts can't really address ... I think this has to go the way of the student, flying my double-double-crossed flag shouldn't stop me from attending a high school basketball game, or getting water service from the City ... if the student broke no law, was off-campus and didn't associate the post to the public school ... the school has no business punishing her, that's the parents' job ...

 

[justinacolmena]

... so the question is all about extra-curricular activities ... can we enforce standards of conduct off-campus on the students who represent our schools? ...

Nope. The kids need to be allowed to have fun at school and say whatever they want to say about it off campus. If they're not having fun that's a problem with the adults who are promoting and compelling the extra-curricular activities.

 

[Anathema]

When I was in high school we had to sign a document informing us that use of alcohol, drugs, or tobacco and acts deemed unbecoming of a student-athlete on AND off campus could lead to us being removed from any/all athletic teams and other extra-curricular activities representing the school.

We lost a very good high school baseball player one year because he was seen smoking on Main Street by our Athletics Director over Christmas Break.

My point is... a lot will depend on what sort of Student Code or other agreements she may have signed or verbally agreed to.

 

[sartre play]

No judgment call from me, We have much more serious problems going on than letting a 14 year olds rude behavior become a major topic of discussion.

 

[Moonglow]

Suppression of a freedom is not going to stand in this case, the school will be complied to resend it's policy.

 

[ReinyDays]

We lost a very good high school baseball player one year because he was seen smoking on Main Street by our Athletics Director over Christmas Break.
My point is... a lot will depend on what sort of Student Code or other agreements she may have signed or verbally agreed to.

Was it illegal at the time for an under-18 to be in possession of tobacco? ... would he have been kicked off the team if he was downtown advocating for underage smoking? ... not breaking the law but asking the law be changed? ...

Great point about any agreements she made with the school ... thanks for bringing that up ...

 

[Donald H]

US politics turns every small issue into a big deal and then threatens to fight it out with their guns. sometimes they do but sometimes they just resort to slashing tires, threatening their fellow Americans, spitting on them, or whatever punishment they consider appropriate.

While in Canada, we just allow most of that sh-t to go unnoticed, for the sake of betterment of our country.

 

[ReinyDays]

While in Canada, we just allow most of that sh-t to go unnoticed, for the sake of betterment of our country.

Just avoid 4-way stops ...

 

[C_Clayton_Jones]

‘The student, represented by lawyers for the American Civil Liberties Union, told the Supreme Court that the First Amendment protected her “colorful expression of frustration, made in an ephemeral Snapchat on her personal social media, on a weekend, off campus, containing no threat or harassment or mention of her school, and that did not cause or threaten any disruption of her school.”’ ibid

Exactly.

School districts will have no other choice but to realize the limits of their authority to control student speech – and off of school grounds, not during school hours, a minor’s First Amendment rights are no longer subject to the restrictions of students on campus during school hours.

 

[Moonglow]

Suppression of a freedom is not going to stand in this case, the school will be complied to resend it's policy.

Who taught yous to spell?

 

[Leo123]

This is a cultural issue. We've spent the last few generations excusing and ignoring (and therefore enabling) worse and worse behavior and standards of behavior, and here we are.

I have to agree. Good behavior is based on morality. When that morality is relative to the changing wants and desires of a culture then 'good behavior' has no intrinsic definition.

 

[Circe]

A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown (msn.com)

A fitting early case that the Trump court will have to decide if they want to hear the case. Can a school punish students when they use social media to rant using vulgar language about school stuff? Specifically the school, cheer, softball and other things. The girl was taken off the cheer squad. Appeals have been made and the Supreme court will get the case.

The student will be represented by the ACL which will argue for her first amendment rights in regards to free speech. The school cannot remove her from the cheer squad because of what she says off campus. Yet if she says in on campus then they can. A line in the sand.

The school will try to enforce their decision to have the right to remove her the cheer squad based on what she posted even if it was off campus when she did it. Generally can the school discipline students from what they say away from school.

I have to say that I am torn between the two. Someone on the cheer squad who so easily post vulgar language and hand signs on social media. Probably no the best thing to do for all to see.

yet I do respect peoples rights to say what is in their heart. I would say that she was just venting and used social media.

Still such language can be repeated and spread by others. Creating situations in the school environment like school bullying and encouraging others to be vulgar for trivial things.

I am going to go with the school on this one. A message should be sent to avoid using social media to say things that you cannot take back. It is out there for all to see. The larger issue is common sense. It seems social media makes people lose self control. They are angry and they can post it for all to see. As a parent I would tell her that it was her mistake and to learn from it. That is just my opinion.

The last time the USSC heard this case (one like it) was the black armbands against the Vietnam War in a New Jersey school. The Court found in favor of the teenagers.

I hope they find in her favor this time, too. I'm no fan of ranting with wild obscenities, such as people do here all the time, and I usually throw those types away, but I hate worse getting my own speech banned and censored and punished: wow, do I hate that. Social media like forums and Facebook are already so obscene and rant-prone, so why shouldn't she do what everyone else is doing? Interesting issue, thanx for bringing it up.

 

[Circe]

Suppression of a freedom is not going to stand in this case, the school will be complied to resend it's policy.

Who taught yous to spell?

In Maryland we spell that "youse." It's Yankee for "y'all."

And probably the school will resend the policy rather than rescind it. The censorship never ends.