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re: Cheerleader Free Speech Case Puts Liberals in a Bind

Posted on 4/28/21 at 12:27 pm to
Posted by Revelator
Member since Nov 2008
58190 posts
Posted on 4/28/21 at 12:27 pm to
quote:

Freedom of speech regulation is a pretty damn important and pervasive issue right now in this country.


It’s huge
Posted by Geauxgurt
Member since Sep 2013
10472 posts
Posted on 4/28/21 at 12:35 pm to
The problem with allowing schools to do this would be the inconsistent and political application of said rules.

Let's say students kneel or make a scene at an event in an effort to make a political expression. You know very well that if the school admin/coach punished the students, they would be attacked and be said they are violating free speech.

If the roles were reversed, you'd better believe they would be calling for the students to be punished.

You cannot allow the school to determine what is an isn't protected free speech unless that speech was deemed to incite others or cause harm to others. Even that has to be applied evenly, which it clearly has not been.

I am fine with applying these rules if they are enforced the same for all instances and not just when one side feels offended.

That said, we need to teach kids that spouting off on social media to get attention has consequences for all those that do it.

That is why this case is important, especially when it comes to public schools.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50717 posts
Posted on 4/28/21 at 12:37 pm to
I am honestly conflicted on this. In my view, things like cheerleading, band, football, baseball, etc, are extracurriculars and I have no problem with schools requiring specific things to participate in those optional activities.

However, it is clear to me that this will now be abused moving forward. Black people who spout hate speech against whites will be completely ignored, but white people who say "make America great again" will be labeled racists and blocked from participating. I think we have come to the time where right is considered wrong and wrong is considered right, so the best case scenario would be to remove all such authority from schools completely.
Posted by Revelator
Member since Nov 2008
58190 posts
Posted on 4/28/21 at 12:38 pm to
quote:

The problem with allowing schools to do this would be the inconsistent and political application of said rules. Let's say students kneel or make a scene at an event in an effort to make a political expression. You know very well that if the school admin/coach punished the students, they would be attacked and be said they are violating free speech.


The school certainly wouldn’t dare punish anyone writing post in favor of BLM theology
Posted by Geauxgurt
Member since Sep 2013
10472 posts
Posted on 4/28/21 at 12:43 pm to
quote:

The school certainly wouldn’t dare punish anyone writing post in favor of BLM theology


Exactly. I'd imagine if a student athlete wrote "F the Police" on instagram, the school wouldn't do anything to them, much less suspend them from the team for a year.

That is why if schools can't prove they will apply these rules evenly across the student body and their viewpoints, then they should have no right to do so.

Again, kids cursing at some schools are suspended, while at another they can curse out a teacher to their face and not even get detention. That is what is wrong with the system to be honest. Rules are rules. Period. While there are instances where exceptions can be made, when the exceptions become the rules, then you have no place enforcing them at all.
Posted by FearlessFreep
Baja Alabama
Member since Nov 2009
17331 posts
Posted on 4/28/21 at 12:56 pm to
quote:

At some point the mother asked everyone to pose for a photograph
the real villain in this story
Posted by lsu777
Lake Charles
Member since Jan 2004
31436 posts
Posted on 4/28/21 at 1:10 pm to
yea even though in a perfect world i would want her off the team, I am supporting ACLU in this one.

In HS one of my good friends was suspended for a football game because on friday after the pep ralley he was picking up a script for his parents and had his jersey on. Well an old lady parked in the parking lot called the school because he was listening to rap music. They told him he couldnt play that night because he was representing the school and was playing music that embarresed the schools reputation.

that kind of stuff is BS. lets say he lived in the NE and was flying an american flag from his car and that offended someone...should the school be able to suspend him for that? lets say it was the case like by buddies where he is wearing his football jersey, should he get suspended?

What if he had a reagon/bush sticker?

what if he had a biden sticker(i know, that would make him a stupid frick)?

where does it end? if the school is the one making the choice on what hurts the school reputation all it takes is a hardcore liberal or neo-con and you will see a shite ton of abuse.
Posted by teke184
Zachary, LA
Member since Jan 2007
96432 posts
Posted on 4/28/21 at 1:13 pm to
Did Randy Floyd end up sprinkling a little grass in that before he gave it back to the coach?
Posted by Sus-Scrofa
Member since Feb 2013
8187 posts
Posted on 4/28/21 at 1:17 pm to
quote:

ETA: If my child did that, there would be no court case. If the school didn't pull her, I would. If you can't act civilized over making JV instead of varsity, you're not gonna be on either.Give the spot to someone that wants to be on JV


By all accounts she still wants to play on JV. How old was she? 15? 16?

A 16 year older kid missed the team and bitched about it. I’d be shocked if she didn’t. Social media just amplifies it.

Punishing her and literally letting it turn into a Supreme Court case tells me the adults have failed somewhere here.

If she kept bitching to the point of distraction and half assed it on the team she did make, then sure there should be consequences.
This post was edited on 4/28/21 at 1:17 pm
Posted by Kracka
Lafayette, Louisiana
Member since Aug 2004
40859 posts
Posted on 4/28/21 at 3:01 pm to
quote:

privilege of being a part of a special group within the school can be taken away.


if you can't discriminate based on a "girl" having a penis and male chromosomes to participate in girls sports, then you can't discriminate based on what a student says on social media off campus.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36237 posts
Posted on 4/28/21 at 3:08 pm to
Every conservative on this site should side with the student, because if they open the door to allow schools to punish students for out-of-school speech, conservatives will be targeted disproportionately.
Posted by Revelator
Member since Nov 2008
58190 posts
Posted on 4/28/21 at 3:08 pm to
quote:

Every conservative on this site should side with the student, because if they open the door to allow schools to punish students for out-of-school speech, conservatives will be targeted disproportionately.


It’s already happening
Posted by BigJim
Baton Rouge
Member since Jan 2010
14513 posts
Posted on 4/28/21 at 3:52 pm to
I think the decision should be easy. This is Snapchat. Someone had to take an extra effort to make it permanent and public like a tweet or Facebook post. It seems too far removed from the school that they could claim she is representing the school in any capacity.

Posted by LSUSkip
Central, LA
Member since Jul 2012
17617 posts
Posted on 4/28/21 at 4:17 pm to
quote:

Being kicked off the team for the year seems excessive (however we don't know if this girl has had other disciplinary issues.)


Which is a variable that should keep the SC from ruling on something so far reaching. This is an individual basis issue. No one will be the same as the next.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81733 posts
Posted on 6/23/21 at 12:48 pm to
8-1 decision. School wrong to discipline

Narrow decision. Thomas dissents.

Posted by Turbeauxdog
Member since Aug 2004
23278 posts
Posted on 6/23/21 at 1:13 pm to
quote:

The ACLU, which represents Levy, is arguing for near-absolute protection for off-campus speech, because it deeply distrusts the government as the regulator of our communications.


I didn't realize we had a time machine to 2015 available.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67497 posts
Posted on 6/23/21 at 1:18 pm to
quote:

Thomas dissents.

Does anyone know why he dissented?
Posted by jchamil
Member since Nov 2009
16549 posts
Posted on 6/23/21 at 1:21 pm to
quote:

The ACLU, which represents Levy, is arguing for near-absolute protection for off-campus speech,


"Near-absolute protection" (i.e. better not say anything bad about POC or trannies)
Posted by MFn GIMP
Member since Feb 2011
19386 posts
Posted on 6/23/21 at 1:27 pm to
quote:

Does anyone know why he dissented?


I was just reading his dissent. Basically he said the majority ignores precedent.
Posted by pigskinGod
Member since Sep 2020
1573 posts
Posted on 6/23/21 at 1:38 pm to
quote:

Seems pretty easy to me. The school can't "punish" her but the privilege of being a part of a special group within the school can be taken away.

Yeah if we did something in high school to embarrass the school or baseball team we would've been kicked off. Even if it was away from school
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