‘Cursing cheerleader’ free speech

[Loulit01]

What if she messaged, "F Biden, F the Democratic Party, F it all," to the same people causing the same fuss?

Using the F bomb like she did instead of the initial like I did. It's reasonable to assume some students and parents would be upset and complain to the school. Can the school punish her? Should the school punish her?

 

[craig]

Perhaps. Today a “disrepute” standard is too amorphous, malleable, and ambiguous to adequately protect the free speech rights of kids.

It appears that "local control" and "community standards" that applied to primary and secondary schools in my time has been federalized. Do school boards still exist?

 

[Loulit01]

It appears that "local control" and "community standards" that applied to primary and secondary schools in my time has been federalized. Do school boards still exist?

Fourteenth Amendment of the US Constitution -- Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection​

Section 1. Rights Guaranteed
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Aren't school boards bound by the 14th Amendment?

 

[AmNat]

‘Cursing cheerleader’ free speech case to be argued in Supreme Court​

‘Cursing cheerleader’ free speech case to be argued in Supreme Court

The Supreme Court will hear oral arguments in the so-called “cursing cheerleader” lawsuit on Wednesday — a First Amendment case that could impact public schools across the country.

www.foxnews.com

How SCOTUS decides this may be an indicator of how conservative the Court will be. Interesting case.

I don't see any way this doesn't go for the student.

Hopefully the Court lays down a blanket prohibition on public schools punishing students for off-campus 1A protected speech. That's the only ruling that won't leave open ways for administrators to punish students for political dissent (which is the only implication of this case that I really care about).

 

[craig]

Fourteenth Amendment of the US Constitution -- Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection​

Section 1. Rights Guaranteed
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Aren't school boards bound by the 14th Amendment?

Are school boards part of the community or the government?

 

[Stealers Wheel]

When I was in school 50 years ago, athletes, cheerleaders, and any extra curricular activity could be terminated if you brought disrepute to the school.

If she were just a student, that would be one thing. However, she likely agreed to conditions when selected as a cheerleader to represent her school. One of those conditions was probably that she would maintain a certain GPA and another was that she would not do or say anything that would, in the opinion of the administration, bring disrepute upon the school.

 

[Loulit01]

Are school boards part of the community or the government?

Yes.

 

[Rawley]

Yes I do. Did you realize that social media travels into the halls of our schools?

OK. Do you think a school has a right to suspend a student for writing "**** the Police" on their social media?

 

[Fishking]

‘Cursing cheerleader’ free speech case to be argued in Supreme Court​

‘Cursing cheerleader’ free speech case to be argued in Supreme Court

The Supreme Court will hear oral arguments in the so-called “cursing cheerleader” lawsuit on Wednesday — a First Amendment case that could impact public schools across the country.

www.foxnews.com

How SCOTUS decides this may be an indicator of how conservative the Court will be. Interesting case.

I can't believe this made it to the Supreme Court. The girl has rightly won every case so far. Every single school administrator that has been involved in pushing it this far, wasting tax payers money for some petty shit, should be fired.

 

[Fishking]

Yes I do. Did you realize that social media travels into the halls of our schools?

So do rumors.

 

[craig]

Are school boards part of the community or the government?

Yes.

I guess that is where the ambiguity comes from.

 

[Grand Mal]

When I was in school 50 years ago, athletes, cheerleaders, and any extra curricular activity could be terminated if you brought disrepute to the school.

When I was in school 50 years ago you could be strapped across the hands in the vice-principal's office.
Not right then, not right now.

 

[craig]

When I was in school 50 years ago you could be strapped across the hands in the vice-principal's office.
Not right then, not right now.

How did you turn out? I think I did OK.

 

[Grand Mal]

How did you turn out? I think I did OK.

I did too, but had any school official tried to beat my son with a strap the criminal justice system might disagree.

 

[Helix]

Wow, she complained about school outside of school? I'm telling you, guys, if we don't stop this now, our kids will grow up to complain about work outside of work. Where will it stop after that?

 

[craig]

Wow, she complained about school outside of school? I'm telling you, guys, if we don't stop this now, our kids will grow up to complain about work outside of work. Where will it stop after that?

And you can get fired for that (without a Union).

 

[CaughtInThe]

best story i've heard was when a football player was cut off a college team, stood up, lit up a joint and blew the smoke in the coaches face.

it was totally disrespectful and he should have had his ass kicked but you have to admit it's funny.

 

[Helix]

And you can get fired for that (without a Union).

In a right to work for less state, you can be fired for any reason or for no reason at all. It's even in the contract. What a wonderful demonstration of freedumb. Either way, it's always refreshing to see that some people have never complained about school or work outside of school or work. I mean, why would anyone do that?

 

[Peter]

I don't understand what's going on here.
Is a school really trying to kick someone out for swearing while not in school?
Has the USA really become that puritanical?
If this was the rule in the UK we'd end up with about 7 kids finishing a school year if we're lucky.

 

[AGENT J]

very short article

on the surface, this goes to the girl all day every day

there could be stuff I dont know though

does the school have a policy handbook that is signed and agreed to?
does participation in sports have ad additional handbook signed and agreed to?

Was it ONLY the snap or was there more involved?

 

[Stealers Wheel]

I have worked for several employers over the years that have social media rules. If I, in the opinion of my employer, post something on social media that brings disrepute to my company, I can be disciplined up to and including termination. It is a condition of my employment.

When this young lady chose to put on a cheerleader uniform, she became the face of her school, a representative of her school. As such, she is obligated to present a positive image of her school to the world. Don't like that? Take off the uniform. Stop presenting yourself a a "leader" of your school.

 

[mrjurrs]

Sure, but the idea a school can punish a student for their speech, speech which is not criminal, made away from and off of school property, made while not enaged in any official school activity on or off school property, is problematic, despite the fact the speech was about cheerleading and involved an expletive.

I have to disagree with your interpretation. Probably because in schools, you are not dealing with adults, and attendance is not voluntary. Social media posts outside of school often result in school disciplinary actions. Think 'bullying'.

 

[mrjurrs]

OK. Do you think a school has a right to suspend a student for writing "**** the Police" on their social media?

No. Has zero to do with school.

 

[mrjurrs]

So do rumors.

Administration can prove social media posts. Rumors? Nope.

 

[joko104]

Wow, she complained about school outside of school? I'm telling you, guys, if we don't stop this now, our kids will grow up to complain about work outside of work. Where will it stop after that?

You mean like Google firing employees who outside of work talk about how white male Google employees are? Employees are fired all the time for what they post online and nearly always most Democrats on this forum cheer. This is not about the private sector, but public sector.

I don't think this is a simple as claimed. It's ok for students to go online posting F-U at a teacher? So then, certainly, it is ok for teachers to post F-U about the students too as a free speech right, correct? Or is it only kids who have free speech rights and not adults in relation to schools?