4 ms·
Is #1 legally true in the US the way the courts apply the in loco parentis doctrine in Horton v. Goosecreek Independent School District and Tinker v. Des Moines
by mmcwilliams 3y ago
Is #1 legally true in the US the way the courts apply the in loco parentis doctrine in Horton v. Goosecreek Independent School District and Tinker v. Des Moines Independent Community School District? I understand this to be your belief but my question is: does the legal apparatus actually back this up?
- dghlsakjg 3y agoNot a lawyer, but I would imagine it matters a great deal whether or not the kid is on campus, and who owns the hardware.
- indymike 3y agoI've had to deal with this over the past six years with five kids in school and every time they back off. Honestly, I would love to litigate this one (the bill will suck), but there comes a point where we are no longer taking care of kids and are in the zone of policing without a badge. Also, even if I lose point #0, I think 1-3 are good enough.
- willcipriano 3y agoGo ahead and show me the part of the constitution where it says it doesn't apply to children. "but courts have ruled!" If they ruled in violation of the constitution, they were wrong.
- mmcwilliams 3y agoI never claimed it didn't. You can scoff at it but applied law has much more material implication compared to an individuals interpretation of the constitution. You're free to tell a judge they're wrong but it doesn't work very well in practice.