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View Diary: SCOTUS: No Bong Hits 4 Jesus (305 comments)

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  •  Where Do You Stand On The Tinker Decision? (3+ / 0-)
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    mcfly, marina, Gibbo

    December 1965 Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 524 (1969) (Black, J., dissenting). Having learned that some students planned to wear black armbands as a symbol of opposition to the country’s involvement in Vietnam, officials of the Des Moines public school district adopted a policy calling for the suspension of any student who refused to remove the armband.

    Just curious ... where do you stand on this decision?

    •  With the students. (1+ / 0-)
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      1. They weren't disruptive.
      1. They weren't advocating doing anything illegal.

      There's an important difference between advocating to change the law and advocating breaking it.  

      •  What if.... (1+ / 0-)
        Recommended by:
        Norm DePlume

        a gay student group in Texas did something similar in the early 90's [when sodomy WAS an illegal activity in Texas before the Supreme Court overturned that years later] unfurling a banner saying "Legalize Gay Marriage" across the street from the school while the Olympic Torch passed by-- could the students be discpilined for advocating something illegal?  The banner does not explicitly promote sodomy but it is a reasonable conclusion that the members of such a marriage WOULD commit it.  

        My point is, in my opinion, the most important free speech to protect is speech that advocates, whether tongue-or-cheek or not, a position that IS against the law--because, remember Kossacks, some of our laws ARE repressive.  Once THEY start deciding which cryptic messages are illegal or legal we are in seriously trouble.

        And I also think that the idea that students have ZERO free speech (what a dumbass Thomas is) is bullshit also...

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