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View Diary: SCOTUS OKs Corporate Election(ish) Speech (241 comments)

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  •  I have to read that opinion 1st (0+ / 0-)

    So I will refrain from commenting at this time.

    From the syllabus though, I would have sided with Breyer, on qualified immunity grounds.

    •  Roberts would give broad license to the school (0+ / 0-)

      Roberts' rationale is apparently that when a school official has to make a decision "on the spot", then it is "reasonable" for the school officials to do whatever they want out of concern for the school's image or preventing disruption in school.  

      So if a student like the Poway kid walks into school with a t-shirt that proclaims his hatred for gays, or blacks, or Catholics, or Jews, or whomever, then if you apply Roberts' "Bong Hits" opinion, the school can exclude the student in question or make him change clothes.  They have the discretion to exclude the hate speech because it's disruptive, not because of its viewpoint.  They can tell the kid to save his "message" for his own bedroom or his myspace page rather than using it to try to provoke a brawl at school.

      Oh, and even if you agree with Alito's intent to carve out unlimited protection for right-wing school speech, the Poway school officials still win on grounds of qualified immunity, because after the muddled set of opinions from the various SCOTUS justices in "Bong Hits", it is indisputable that there is no clear rule being violated by the school officials... because there is no clear rule.

      So this is how liberty dies -- with thunderous applause.

      by MJB on Mon Jun 25, 2007 at 08:40:43 PM PDT

      [ Parent ]

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