Free speech in a high school? Muhahaha!! Public or not, it is unlikely free speech applies.
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WTH?? Student denied diploma for using the word hell
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Her free speech wasn't violated though. She was allowed to give the speech and continue to the end.
She agreed to certain rules of decorum though before giving the speech.
She has a transcript and is a graduate of the institution.
The school only held back the piece of paper saying she graduated in exchange for an apology. If she claims free speech, can't the school claim breech of contract or something?~Mom of 5, married to an ID doc
~A Rolling Stone Gathers No Moss
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Ugh, she reminds me of the kind of girl that feels entitled to do whatever she wants. A 4.0 does not entitle you to go against the school rules for a commencement address. She'll get a college degree and feel entitled to a corner office because she has a BS. Insert eye roll here...
Time to grow up little girl.Tara
Married 20 years to MD/PhD in year 3 of MFM fellowship. SAHM to five wonderful children (#6 due in August), a sweet GSD named Bella, a black lab named Toby, and 1 guinea pig.
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Originally posted by Cinderella View PostIf this comes down to a matter of free speech and it appears to be a public school then the girl wins. If it were a private school then the school would win. Though going through the legal process won't be as convenient as writing a simple apology letter. I think it's a stupid word to make your stand on either way.Veronica
Mother of two ballerinas and one wild boy
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Originally posted by scrub-jay View PostFree speech in a high school? Muhahaha!! Public or not, it is unlikely free speech applies.
Originally posted by PrincessFiona View PostHer free speech wasn't violated though. She was allowed to give the speech and continue to the end.
She agreed to certain rules of decorum though before giving the speech.
She has a transcript and is a graduate of the institution.
The school only held back the piece of paper saying she graduated in exchange for an apology. If she claims free speech, can't the school claim breech of contract or something?
Student speech cases require a balance of educational objectives and a need for school discipline. In other words did her saying the word, "Hell", during a graduation speech cause a substantial disruption of the school's educational mission? I highly doubt it.PGY4 Nephrology Fellow
Out beyond ideas of wrongdoing and rightdoing there is a field. I'll meet you there.
~ Rumi
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Originally posted by Cinderella View PostAbsolutely. Students don't shed their constitutional rights when they enter a public school. There have been numerous cases applying free speech to high school students in public and private school situation.
Bethel School District v. Fraser
Hazelwood School District et al. v. Kuhlmeier et al (1988)
Frederick v. Morse
Alternatively, Tinker v. Des Moines Independent School Dist. (1969) established that students "do not shed their constitutional rights...at the schoolhouse gate" (as you failed to quote) actually only applied to silently wearing black armbands to protest the Vietnam War. This case did not sway the decisions on the above cases that ruled in favor of the school administrators, not the student rights.Wife to PGY4 & Mother of 3.
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Originally posted by scrub-jay View PostI disagree. Several legal cases have upheld the rights of the school administration to exert control over student free speech when it conflicts with or violates school policies (such as swearing... hmmm). Here are several of the landmark cases with regards to student free speech, both spoken and written (ruled in favor of administrators):
Bethel School District v. Fraser
Hazelwood School District et al. v. Kuhlmeier et al (1988)
Frederick v. Morse
Alternatively, Tinker v. Des Moines Independent School Dist. (1969) established that students "do not shed their constitutional rights...at the schoolhouse gate" (as you failed to quote) actually only applied to silently wearing black armbands to protest the Vietnam War. This case did not sway the decisions on the above cases that ruled in favor of the school administrators, not the student rights.PGY4 Nephrology Fellow
Out beyond ideas of wrongdoing and rightdoing there is a field. I'll meet you there.
~ Rumi
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Originally posted by Cinderella View PostAnd there are several cases that favor the student rights. Public school situations the students have more chance of winning than v. private school cases. Also you have to go by the most recent landmark cases over which region they reside in unless it was at the highest level of ruling. I'll leave all that to the lawyers to figure out if this case is taken that far.
ETA: The examples I listed were Supreme Court decisions.Last edited by scrub-jay; 08-21-2012, 11:59 AM.Wife to PGY4 & Mother of 3.
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Originally posted by ides View PostI didn't realize hell was a swear word.PGY4 Nephrology Fellow
Out beyond ideas of wrongdoing and rightdoing there is a field. I'll meet you there.
~ Rumi
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Originally posted by Cinderella View PostI have no desire to get into it with you today or any other day really.Last edited by scrub-jay; 08-21-2012, 12:40 PM.Wife to PGY4 & Mother of 3.
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If the student didn't think hell was a swear word, she should have turned it in with the original draft.
I can't imagine turning something like this into a lawsuit. This is going to be her claim to fame? If I were her parent, I'd be making sure the apology was written and delivered.
When I was in high school, one of the students who routinely got in trouble for violation of dress code by wearing an earring, walked across the stage at graduation with the earring in, pulled it out, and handed it to the principal. The principal knocked it out of his hand and withheld the diploma and the piece of paper pretending to be the diploma.
We all were of course outraged.
It turned into a big deal and the principal basically said "there are channels to go through if you don't like the policies as they are written. Welcome to the adult world."
This kid actually went on to law school! Lol. Long hair and all. I wonder what he is doing now....off to FB creep!~Mom of 5, married to an ID doc
~A Rolling Stone Gathers No Moss
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Originally posted by PrincessFiona View PostIt turned into a big deal and the principal basically said "there are channels to go through if you don't like the policies as they are written. Welcome to the adult world."
This kid actually went on to law school! Lol. Long hair and all. I wonder what he is doing now....off to FB creep!Luanne
wife, mother, nurse practitioner
"You have not converted a man because you have silenced him." (John, Viscount Morely, On Compromise, 1874)
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Originally posted by PrincessFiona View PostIf the student didn't think hell was a swear word, she should have turned it in with the original draft.
I can't imagine turning something like this into a lawsuit. This is going to be her claim to fame? If I were her parent, I'd be making sure the apology was written and delivered.
When I was in high school, one of the students who routinely got in trouble for violation of dress code by wearing an earring, walked across the stage at graduation with the earring in, pulled it out, and handed it to the principal. The principal knocked it out of his hand and withheld the diploma and the piece of paper pretending to be the diploma.
We all were of course outraged.
It turned into a big deal and the principal basically said "there are channels to go through if you don't like the policies as they are written. Welcome to the adult world."
This kid actually went on to law school! Lol. Long hair and all. I wonder what he is doing now....off to FB creep!
I just can't believe a high school valedictorian would be dumb enough to quote "Twilight". That should be an automatic bump down in class rank.I'm just trying to make it out alive!
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