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There's been litigation about this kind of issue all over the country for years (disciplinary action by public schools against students for their off-campus spe
by schoen 6y ago
There's been litigation about this kind of issue all over the country for years (disciplinary action by public schools against students for their off-campus speech about the schools) and the students commonly win, although the legal rules can be complicated in comparison to rules about adults' speech.
There's also a common pattern where school administrations don't seem to know much about earlier court decisions about students' rights. The Supreme Court said back in 1943 that public school students couldn't be forced to say the Pledge of Allegiance
https://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette https://en.wikipedia.org/wiki/West_Virginia_State_Board_of_E...
but I remember in 1997 meeting a girl who had been disciplined for not saying it at her public school, and hers was far from the last case.
These students could probably get pro bono legal representation and send a demand letter to the principal over this. [Edit: because of the social media aspect, the students could contact the intake coordinator at EFF, where I used to work, and they could likely get a helpful legal referral.]
Although I hope the students' speech rights will be fully vindicated, I notice that I also have more empathy for school administrations than I used to. Public school administrators have a ton of responsibility, many angry constituents with opposing views, few resources, and lots of complicated legal constraints, and are not necessarily experts on all the issues that will come up unexpectedly.
- AnimalMuppet 6y ago> Although I hope the students' speech rights will be fully vindicated, I notice that I also have more empathy for school administrations than I used to. Public school administrators have a ton of responsibility, many angry constituents with opposing views, few resources, and lots of complicated legal constraints, and are not necessarily experts on all the issues that will come up unexpectedly. I have sympathy for the spot the school administrators are in. Many of their students' families depend on having both parents working in order to survive. Those parents need the kids to be in school. But if they reopen, the schools are almost certainly going to spread an infection that kills people. The administrators have no good options, merely a choice between different kinds of bad. Suspending the kids who posted the video? No sympathy. That's a total jerk move.