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Posted on 9/28/17 at 4:12 pm to tke857
No first admendment in Shreveport
Posted on 9/28/17 at 4:14 pm to fouldeliverer
quote:
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.
So do these schools have dress codes? Are they allowed to wear clothes with German symbolism? Clothing with the Confederate flags?
But, but they should be allowed to express their personal beliefs no matter what. Get the frick outta here
Posted on 9/28/17 at 4:14 pm to Antonio Moss
This isn't drug testing or limiting a kids involvement due to grades or behavior.
Posted on 9/28/17 at 4:15 pm to Dizz
quote:
If Parkway is a public school they are going to get a call from the ACLU pretty soon. This isn't exactly constitutional.
What's unconstitutional about it? Apparently LHSAA doesn't think its unconstitutional since they've said its up to individual schools to decide whether or not to
Posted on 9/28/17 at 4:24 pm to Antonio Moss
Som people in this thread obviously don't understand the phrase "privilege not a right" when it pertains to extra curricular activities and expectations.
Posted on 9/28/17 at 4:25 pm to WallsAllAroundMe
quote:
US Code SS301
(a) Designation.—
The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.
(b) Conduct During Playing.—During a rendition of the national anthem—
(1) when the flag is displayed—
(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;
(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and
(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and
(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.
There are no civil or criminal penalties associated with this. It would be interesting to see how a court would enforce this. Most likely it would be challenged on constitutional grounds.
This post was edited on 9/28/17 at 4:28 pm
Posted on 9/28/17 at 4:26 pm to Tiger Prawn
quote:
What's unconstitutional about it? Apparently LHSAA doesn't think its unconstitutional since they've said its up to individual schools to decide whether or not to
The LHSAA is leaving it up to the individual schools because they don't want to deal with the mess themselves.
Posted on 9/28/17 at 4:27 pm to Tiger Prawn
quote:
Apparently LHSAA doesn't think its unconstitutional since they've said its up to individual schools to decide whether or not to
Because private and public schools have drastically different standards when it comes to what recourse a school has over its students. Private schools can basically do whatever they want. Not so much with public schools.
Besides, do we really want certain political qualifications for who can and cant play a certain sport?
Posted on 9/28/17 at 4:29 pm to Antonio Moss
quote:
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.
I disagree. That hard line is normally about respecting prerequisites (minimum gpa, drug free, good behavior, etc) or punitive school actions due to obscene or bullying student speech . Politically motivated speech protection is much more expansive. Threatening students with extracurricular prohibition due to political speech is absolutely coercive and unquestionably unconstitutional.
This post was edited on 9/28/17 at 4:34 pm
Posted on 9/28/17 at 4:35 pm to BigOrangeBri
quote:
But, but they should be allowed to express their personal beliefs no matter what. Get the frick outta here
Tinker v. Des Moines
Posted on 9/28/17 at 4:38 pm to Dizz
quote:
If Parkway is a public school they are going to get a call from the ACLU pretty soon. This isn't exactly constitutional.
LoL. We are talking about a school in Bossier Parish. This is the place where an elementary school principal got sued by the ACLU and made national news for telling them to GTFO. He was requiring prayer from the kids every morning and he didn't give a shite who said he couldn't do it. AND the locals backed him up.
BTW that same principal had to quietly go away a few years later after he was arrested for DWI after throwing an empty beer bottle at a cop car while headed home from the casino. Big holy roller church guy was a closet gambling junkie and alcoholic womanizer. Shocked I tell you.
Principal tells ACLU to GTFO, they back down
Posted on 9/28/17 at 4:38 pm to NYNolaguy1
quote:
Because private and public schools have drastically different standards when it comes to what recourse a school has over its students. Private schools can basically do whatever they want. Not so much with public schools.
Agreed. But I think public schools have more ability to enforce something like this when its pertaining to optional extracurricular activities as opposed to the regular school day.
quote:
Besides, do we really want certain political qualifications for who can and cant play a certain sport?
Showing basic respect for your country is more along the lines of common decency as opposed to a political qualification.
Posted on 9/28/17 at 4:38 pm to Tiger Prawn
quote:
Apparently LHSAA doesn't think its unconstitutional
The LHSAA isn't exactly the ultimate arbitrator of constititional law. And they didn't declare one way or the other, they simply punted.
quote:
since they've said its up to individual schools to decide whether or not to
That's because trying to dictate to member schools how to handle this comes with its own set of legal/perception headaches. I don't blame them at all for not engaging in the debate.
Posted on 9/28/17 at 4:43 pm to fouldeliverer
quote:
That hard line is normally about respecting prerequisites (minimum gpa, drug free, good behavior, etc) or punitive school actions due to obscene or bullying student speech .
I'm sorry thats just not accurate. If that were the case, then you could justify drug testing all students instead of just athletes. The line is drawn between crucial educational elements and extraciriculars.
quote:
Politically motivated speech protection is much more expansive. Threatening students with extracurricular prohibition due to political speech is absolutely coercive and unquestionably unconstitutional.
Again, I do believe that this act violates the First Amendment because, unlike drug testing, there is no legitimate matter for right infringement. That said, I don't think its quite as clear as Tinker.
Posted on 9/28/17 at 4:43 pm to jbgleason
quote:
This is the place where an elementary school principal got sued by the ACLU and made national news for telling them to GTFO. He was requiring prayer from the kids every morning and he didn't give a shite who said he couldn't do it. AND the locals backed him up.
Not what happened and you linked (to a very non-biased site) to a completely different time the ACLU sued Bossier parish schools.
This post was edited on 9/28/17 at 4:47 pm
Posted on 9/28/17 at 4:46 pm to Tiger Prawn
quote:
Showing basic respect for your country is more along the lines of common decency as opposed to a political qualification.
The First Amendment doesn't concern itself with what some people subjectively define as "common decency."
Posted on 9/28/17 at 4:52 pm to fouldeliverer
Again, do these schools restrict these kids political beliefs with dress codes?
Posted on 9/28/17 at 4:52 pm to Antonio Moss
quote:
I'm sorry thats just not accurate. If that were the case, then you could justify drug testing all students instead of just athletes. The line is drawn between crucial educational elements and extraciriculars.
I agree there is a line drawn between educational elements and extracurriculars and that schools have much broader discretion with extracurriculars. But typically that discretion is nothing to do with censoring political speech.
quote:
That said, I don't think its quite as clear as Tinker.
I concur.
Posted on 9/28/17 at 4:56 pm to Marfa
quote:
The kids have the fricking right to kneel if they want to.
No they don't. Deal with it.
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