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stopdiggin

(11,236 posts)

59. the 'state' should not punish

Thu May 20, 2021, 01:04 AM

May 2021

Your boss may fire you (within certain constraints). And your neighbors, church and spouse might shun you until the cows come home. Little League parents will very like decide you will not be coaching a team this year (and your kids glad for it). But, being an obnoxious ass (even an hateful ass) is still one of the freedoms you enjoy as a citizen.

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Student's arrest for racist post sparks free speech debate [View all] groundloop May 2021 OP

There are court cases defining free speech protections in a school setting. guillaumeb May 2021 #1

The penelty, however, is suspension, not... reACTIONary May 2021 #15

Agree SCantiGOP May 2021 #23

quite right stopdiggin May 2021 #49

Agreed. eom guillaumeb May 2021 #78

First, this occurred online. cstanleytech May 2021 #28

coming soon, blasphemy laws. seems like there are other ways to handle such rotten behavior nt msongs May 2021 #2

In the old days when I was a kid, Dan May 2021 #4

Let the racists show their asses OriginalGeek May 2021 #3

I agree OldBaldy1701E May 2021 #68

arresting a student for speech is wrong DBoon May 2021 #5

This case is a bit tricky though as he posted it online so the school has actually no say on what he cstanleytech May 2021 #29

Saying something racist "might" be free speech .... but SarcasticSatyr May 2021 #6

No. nt reACTIONary May 2021 #16

Yes, it is angrychair May 2021 #35

If it could be legally considered a threat, why... reACTIONary May 2021 #37

So to be clear angrychair May 2021 #43

not OK -- protected speech stopdiggin May 2021 #50

I disagree angrychair May 2021 #58

disagree if you wish stopdiggin May 2021 #60

Just to be clear... LiberatedUSA May 2021 #85

First angrychair May 2021 #86

I'll tell you want, I am gonna spell it on it for you. LiberatedUSA May 2021 #87

+100. MarineCombatEngineer May 2021 #89

You keep saying all this without angrychair May 2021 #92

It is legal to be a racist, bigoted, xenophobic asshole. It's legal to say racist, bigoted things. Jedi Guy May 2021 #93

+100. nt MarineCombatEngineer May 2021 #94

I'm with you on this, MarineCombatEngineer May 2021 #95

You should sit back and accept that what you want... LiberatedUSA May 2021 #96

+100 nt reACTIONary May 2021 #66

Not OK, but protected speech, as stopdiggin points out... reACTIONary May 2021 #65

Here is a link to CT's bullying law... reACTIONary May 2021 #39

Not everything offensive is threatening. Calista241 May 2021 #81

The post he made stated angrychair May 2021 #82

That's not a threat. It's ignorant and offensive, Calista241 May 2021 #83

I disagree angrychair May 2021 #84

You just don't get it, do you? MarineCombatEngineer May 2021 #90

There is a CT law regarding bullying in schools... reACTIONary May 2021 #40

Damn straight! LiberatedUSA May 2021 #97

What about defamation ? Historic NY May 2021 #7

Depends on whether a school is considered a public place or not. Jedi Guy May 2021 #9

The defendant took the pictures? Historic NY May 2021 #12

Defamation cases are difficult to win and even then it would be a civil case not criminal. cstanleytech May 2021 #30

Defamation is a civil matter, not a criminal one Jose Garcia May 2021 #31

could any part of the post be interpreted as a threat? is my question. ZonkerHarris May 2021 #8

"Hate speech" is protected by the First Amendment, so that law is definitely unconstitutional. Jedi Guy May 2021 #10

Call it bullying, which it is Warpy May 2021 #11

It's also stalking IMO. roamer65 May 2021 #20

Schools are rather limited though when it comes to disciplining students off school grounds. cstanleytech May 2021 #32

You can see the image at the link below. rogue emissary May 2021 #13

Where's the threat? Ron Obvious May 2021 #17

Expulsion might not even work unless he posted it online using school equipment cstanleytech May 2021 #34

Asking why a person hasn't been put in chains is the threat. rogue emissary May 2021 #47

Is that really different than asking "Why is Donald Trump not behind bars?" NutmegYankee May 2021 #51

No different and neither is an actual crime subject to arrest or atleast cstanleytech May 2021 #63

an interesting opinion stopdiggin May 2021 #53

Where ACLU is missing the boat here: the speech wasn't about all members of a class ... marble falls May 2021 #14

Where is the libel & slander? oldsoftie May 2021 #21

Libel and slander were not specific to this case, it speaks to the concept that not all free ... marble falls May 2021 #26

Ahhh I understand oldsoftie May 2021 #27

Libel and slander aren't crimes, they are civil offenses Jose Garcia May 2021 #33

The state law is patently unconstitutional. paleotn May 2021 #18

Not the right law to be using. roamer65 May 2021 #19

And punished for bullying, by the school oldsoftie May 2021 #22

There's no doubt it's against school rules. Renew Deal May 2021 #25

I wouldn't be too sure of that ripcord May 2021 #55

Has that law ever been challenged? Renew Deal May 2021 #24

This might be the end of it. NutmegYankee May 2021 #54

The ACLU Connecticut is wrong angrychair May 2021 #36

Hate Speech is not Free Speech twin_ghost May 2021 #38

Of course it is Ron Obvious May 2021 #41

False. Dr. Strange May 2021 #42

The swings both ways. They are passing laws to stop "offensive topics" being taught or discussed AZLD4Candidate May 2021 #45

content being taught in the schools is different territory stopdiggin May 2021 #56

Not according to SB1458 here in Arizona. AZLD4Candidate May 2021 #62

You completely misread (or misunderstood) what I posted stopdiggin May 2021 #64

Barnette v. West Virgnia disagrees AZLD4Candidate May 2021 #69

well thank god you hold a minority opinion stopdiggin May 2021 #72

I teach social studies. Can't teach freedom of speech without offensive things being taught AZLD4Candidate May 2021 #73

I think that might be 'called' on the carpet stopdiggin May 2021 #75

So, what you are saying can be used both ways AZLD4Candidate May 2021 #76

Yes. You certainly are. -(nt)- stopdiggin May 2021 #77

B. vs WV? stopdiggin May 2021 #74

No government, no matter how high or petty, can dictate what is orthodox in politics, religion, AZLD4Candidate May 2021 #79

It is in the United States, and rightly so. Dial H For Hero May 2021 #48

a bad slogan -- and sloppy logic. -(nt)- stopdiggin May 2021 #57

In France. Renew Deal May 2021 #61

Dumbest comment yet. MarineCombatEngineer May 2021 #67

I can remember attending large protests ripcord May 2021 #88

Why not both? NullTuples May 2021 #44

Sorry, legal consequences are not acceptable. AZLD4Candidate May 2021 #46

By that logic every North Korean has free speech. NutmegYankee May 2021 #52

the 'state' should not punish stopdiggin May 2021 #59

Off topic, but why is "black" capitalized and "white" lowercase? Polybius May 2021 #70

I noticed that Marthe48 May 2021 #71

Some journalistic associations adopted this (last year I think). Dr. Strange May 2021 #80

I've had this discussion recently in an academic setting... Blasphemer May 2021 #91