Go check out Volokh Conspiracy. His blog is good as he is a great 1st amendment Constitutional Scholar. He gives this ruling a big thumbs down and says the 9th Circus has set itself up for a 9-0 smack down from the USSC. Not that that is unusual.
posted on 04/20/2006 7:48:19 PM PDT
Thanks for the suggestion to check out the Volokh Conspiracy
. Good take. The distinction he makes from Tinker
and this case is that Tinker remained "value-neutral," whereas this decision reasons upon the Court's perspective of right and wrong as opposed to Tinker
's more objective take on disruption of a school's mission. Even there, however, Judge Kozinski correctly slams the school for having allowed the gay protest day. Clearly, the t-shirt this young man wore was appropriate to that discussion.
As the attorny for the kid put it, what's at trial here is political-correctness, not hate speech or disruption. Sadly, this decision is more rather than less reflective of the popular will of Southern CA. So much for the sanctity of majority rule.
posted on 04/21/2006 10:10:12 AM PDT
(All economics are politics)
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