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re: Parkway High (La.) Sends Letter Out Stating All Players Must Stand For The Anthem

Posted on 9/28/17 at 3:03 pm to
Posted by Marfa
Esplanade
Member since Sep 2016
1434 posts
Posted on 9/28/17 at 3:03 pm to
quote:

So let's say a teacher decides to speak to his or her class on the fundamentals of Islam and all that is right with it. Would the school and board have any grounds to reprimand the teacher in this instance.




ok, youre definitely trolling now
Posted by Dizz
Member since May 2008
14779 posts
Posted on 9/28/17 at 3:06 pm to
quote:

So let's say a teacher decides to speak to his or her class on the fundamentals of Islam and all that is right with it. Would the school and board have any grounds to reprimand the teacher in this instance.



Now I really think you are trolling.
Posted by BigOrangeBri
Nashville- 4th & 19
Member since Jul 2012
12352 posts
Posted on 9/28/17 at 3:10 pm to
I have the right to sit in protest at work. My company also has the right to fire me.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79957 posts
Posted on 9/28/17 at 3:13 pm to
quote:

Shaun King


Pretty sure he once posted here under the username "Afreaux".
Posted by Flamefighter
Center Field
Member since Dec 2007
7629 posts
Posted on 9/28/17 at 3:21 pm to
Ok ok ok.....lol, serious question.

What constitutes a violation of the 1st amendment? Can I decide by protest, not to fight fire today? Am I protected under the 1st amendment?
Posted by lsu13lsu
Member since Jan 2008
11489 posts
Posted on 9/28/17 at 3:22 pm to
quote:

This is a violation of the player's 1st amendment rights


So a student can say and do anything that pleases them at school? This is news to literally everyone.
Posted by m57
Flyover Country
Member since May 2017
2093 posts
Posted on 9/28/17 at 3:32 pm to
What's next?

A student will claim that homework is racist because slaves were forced to do work against their will.
Posted by fouldeliverer
Lannisport
Member since Nov 2008
13538 posts
Posted on 9/28/17 at 3:33 pm to
Yeah, that is unconstitutional. It's almost as if we don't value freedom of speech. Both sides of the political spectrum are guilty of trying to suppress the speech of which they disagree. The link below is the case that would apply.

West Virginia State Board of Education v. Barnette
Posted by fouldeliverer
Lannisport
Member since Nov 2008
13538 posts
Posted on 9/28/17 at 3:40 pm to
Also, every single public school that has prayer before sporting events are in violation of the constitution as well. That is the case even if it is student-led prayer.

Santa Fe Independent School District v. Doe
This post was edited on 9/28/17 at 3:42 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48330 posts
Posted on 9/28/17 at 3:43 pm to
quote:

So a student can say and do anything that pleases them at school? This is news to literally everyone.



From the Poli Board:

quote:

It's an interesting situation for sure. On one hand, you have Tinker which is the gold standard for free speech in public school. Tinker held that a school may not punish students for expressing their political opinions unless it threatens or harasses other students or disrupts the normal flow of the school day. Obviously, kneeling at a football game does neither. However, there is a laundry list of cases out there that have held that participation in an extracurricular is obviously not a right and, therefore, requiring athletes to submit to drug tests did not violate their 4th Amendment rights.




This post was edited on 9/28/17 at 3:47 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48330 posts
Posted on 9/28/17 at 3:45 pm to
quote:

What constitutes a violation of the 1st amendment? Can I decide by protest, not to fight fire today? Am I protected under the 1st amendment?


Your constitutional rights only protect private citizen action from government consequence.

If you work for a municipality and refuse to carry out the expectations of your work, you cannot shield yourself behind Constitutional rights. This was basically the case with the Kentucky Clerk that was refusing to give marriage certificates to the gays.
Posted by NYNolaguy1
Member since May 2011
20934 posts
Posted on 9/28/17 at 3:47 pm to
quote:

They have the RIGHT per our constitution to kneel, however the school has the right to hand down any punishment for not following their guidelines regarding the matter.


If this was a private school I would agree with you...
Posted by NYNolaguy1
Member since May 2011
20934 posts
Posted on 9/28/17 at 3:48 pm to
quote:

So a student can say and do anything that pleases them at school? This is news to literally everyone.


Tinker says yes, as long as it is not disruptive to school activities.
Posted by ProjectP2294
South St. Louis city
Member since May 2007
70573 posts
Posted on 9/28/17 at 3:50 pm to
They should allow them to kneel if they want to kneel.

What if, since they are a school in charge of teaching the student athletes, they made protest participation contingent on them writing an essay on why they're protesting?
Posted by fouldeliverer
Lannisport
Member since Nov 2008
13538 posts
Posted on 9/28/17 at 3:51 pm to
The Tinker case is the landmark about expression but as you quoted, students have limited speech rights, for example, Hazelwood School District v. Kuhlmeier.

TLO v New Jersey is the precedent in regards to administration and police searching without a warrant. Vernonia School District v. Acton (1995)is the case about drug tests.

This situation, however, is pretty clear-cut. The superintendent is in the wrong, constitutionally speaking.
Posted by WallsAllAroundMe
Member since Jan 2016
1064 posts
Posted on 9/28/17 at 3:54 pm to
(no message)
This post was edited on 4/8/19 at 11:17 pm
Posted by lsu13lsu
Member since Jan 2008
11489 posts
Posted on 9/28/17 at 3:57 pm to
quote:

Tinker says yes, as long as it is not disruptive to school activities.


Having Political arguments during school when the country is perfectly divided seems pretty disruptive to school.
Posted by Dizz
Member since May 2008
14779 posts
Posted on 9/28/17 at 4:00 pm to
That section contains no penalties and is essentially a suggestion. It would likely be found unconstitutional if anyone tried add a penalty to it.
This post was edited on 9/28/17 at 4:02 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48330 posts
Posted on 9/28/17 at 4:03 pm to
quote:

This situation, however, is pretty clear-cut. The superintendent is in the wrong, constitutionally speaking.


I think your ultimate result will be correct but I don't think its clear cut. The big wrench is that football is an extraciricular and the Court has drawn a hardline between school consequences and prohibiting a student from participating in an extraciricular as it concerns other Constititional rights. If Parkway was threatening players with school consequences like detention/suspension, then I'd agree with you.
Posted by fouldeliverer
Lannisport
Member since Nov 2008
13538 posts
Posted on 9/28/17 at 4:06 pm to
There's an additional component about interfering with learning or the educational process. Kneeling does not interfere with that. Moreover, that disruption standard that you refer to is normally if the speech can be viewed as obscene in nature.
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