http://www.evardsson.com/blog/2006/12/03/ken-starr-to-fight-free-speech-in-ak/ tweaks and hacks, java, python, music, home and ??? Tue, 06 Jan 2009 04:43:17 +0000 http://wordpress.org/?v=2.7 hourly 1 http://www.evardsson.com/blog/2006/12/03/ken-starr-to-fight-free-speech-in-ak/comment-page-1/#comment-5 Sjan Evardsson Tue, 05 Dec 2006 22:52:57 +0000 http://localhost/wordpress/?p=9#comment-5 I see your point, but I think that the salient issue that was missed here was that the 9th Circuit Court found that Frederick's actions did not have an effect on the educational mission of the school. As such, one has to ask, where do you draw the line? Would an overturning of this ruling mean that students at an off-campus event (say a question-and-answer with a political candidate) could face suspension for voicing an opinion contrary the school board's? I see your point, but I think that the salient issue that was missed here was that the 9th Circuit Court found that Frederick’s actions did not have an effect on the educational mission of the school. As such, one has to ask, where do you draw the line? Would an overturning of this ruling mean that students at an off-campus event (say a question-and-answer with a political candidate) could face suspension for voicing an opinion contrary the school board’s?

]]> http://www.evardsson.com/blog/2006/12/03/ken-starr-to-fight-free-speech-in-ak/comment-page-1/#comment-4 Brad Bice Tue, 05 Dec 2006 22:16:33 +0000 http://localhost/wordpress/?p=9#comment-4 I have to agree with Sjan that "the school does not have the right to impinge on the free speech of students when they are off-campus, not in class, and it does not have an effect on the educational mission of the school." However, I think that the case turns on the point of "school function". By this I mean, were the students responsible for themselves during the time in question or was the school responsible for them? Perhaps another way to look at this is to ask the question "If one of the students were to be injured during the event, would their parents be responsible or would the school be liable. I have to agree with Sjan that “the school does not have the right to impinge on the free speech of students when they are off-campus, not in class, and it does not have an effect on the educational mission of the school.” However, I think that the case turns on the point of “school function”. By this I mean, were the students responsible for themselves during the time in question or was the school responsible for them? Perhaps another way to look at this is to ask the question “If one of the students were to be injured during the event, would their parents be responsible or would the school be liable.

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