[etni] Some judges are not doing their homework
- From: David Reid <reidnomad@xxxxxxxxxxxxxx>
- To: etni@xxxxxxxxxxxxx
- Date: Wed, 3 Nov 2010 09:24:15 +0200
Hi, all,
Perhaps you read
http://www.schoollibraryjournal.com/slj/home/887566-312/court_teachers_first_amendment_rights.html.csp
Fascinating. I thought McCarthy was dead.
Apparently the judges who ruled on this did not read the judgments of the US
Supreme Court. For example:
*?The Fourteenth Amendment, as now applied to the States, protects the
citizen against the State itself and all of its creatures?Boards of
Education not excepted. These have, of course, important, delicate, and
highly discretionary functions, but none that they may not perform within
the limits of the Bill of Rights. That they are educating the young for
citizenship is reason for scrupulous protection of Constitutional freedoms
of the individual, if we are not to strangle the free mind at its source and
teach youth to discount important principles of our government as mere
platitudes.? ? Supreme Court Justice Robert Jackson,* West Virginia State
Board of Education v. Barnette, 319 U.S. 624
(1943)<http://laws.findlaw.com/US/319/624.html>
*?It can hardly be argued that either students or teachers shed their
constitutional rights of speech or expression at the schoolhouse gate....In
our system, students may not be regarded as closed-circuit recipients of
only that which the State chooses to communicate.??Supreme Court Justice Abe
Fortas, in Tinker v. Des Moines Community School
District<http://www.ala.org/ala/aboutala/offices/oif/firstamendment/courtcases/courtcases.cfm#fes>
*
These as well as other precedents and comments are cited on
http://www.ala.org/ala/aboutala/offices/oif/ifissues/censorshipschools.cfm
David Reid
*
<http://www.ala.org/ala/aboutala/offices/oif/firstamendment/courtcases/courtcases.cfm#fes>
*
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