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Author Topic: racism is bad, censorship is worse  (Read 16276 times)
MyGodWearsAHoodie
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« Reply #45 on: March 16, 2015, 09:14:45 pm »

That's 100%. You can get kicked out of school for lots of things that might be legal. If I went to work and started making slurs, I'd be fired but not thrown in prison, and my free speech would not be violated. This whole discussion is ridiculous and I'm glad they got expelled.

Here is the fundamental difference:  it is a STATE school, not a private employer.  The Constitution freedom of speech only says you can't be punished by a government agency for your speach,.  The school by expelling the students punished them for using an offensive term.

Your employer can fire you for that.  The National organization can revoke the charter over that.  But the constitution prohibis the school from expelling them over that
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MyGodWearsAHoodie
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« Reply #46 on: March 16, 2015, 09:24:54 pm »

Nobody claimed racism completely ended with Obama's election.  But Obama's election proved the majority of white society had moved past judging who they would hire based on skin color.  Making AA no longer necessary

Racism still exists both at SAE AND Jeremiah Wright's church.  Both are eqally racist and equally offensive.
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Phishfan
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« Reply #47 on: March 16, 2015, 10:03:19 pm »

The Constitution freedom of speech only says you can't be punished by a government agency for your speach,. 

It absolutely does not and we have been over and over it. What they said is not protected speech.
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Spider-Dan
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« Reply #48 on: March 16, 2015, 10:45:55 pm »

Here is the fundamental difference:  it is a STATE school, not a private employer.  The Constitution freedom of speech only says you can't be punished by a government agency for your speach,.
No, it does not.  It says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(The 14th Amendment extends the Bill of Rights to the states, so this restriction is not limited to "Congress," as in the original text.)

Your claim that "a government agency may not punish you for your free speech" would logically mean that every government employee could say whatever they want at any time and it would be unconstitutional for them to be suspended or fired.  You could literally stand on the steps of your workplace shouting "My boss, Mayor Rahm Emanuel, is an idiot and an asshole," and your employer would be powerless to do anything about it.

Such an interpretation of the Constitution is absurd.

Quote
Your employer can fire you for that.
Unless your employer is the government, right?

The students in question were not thrown in jail.  Their First Amendment freedoms remain intact.

Racism still exists both at SAE AND Jeremiah Wright's church.  Both are eqally racist and equally offensive.

but don’t worry! after 10 full minutes of soaking, he turned the hose onto the other house for another 10 minutes. he timed it so it was completely fair
« Last Edit: March 16, 2015, 10:54:05 pm by Spider-Dan » Logged

DenverFinFan
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« Reply #49 on: March 17, 2015, 02:14:25 am »

State school or not, try working for the Post Office and walking around doing Zieg Heils, they can fire you for that and rightly so, but they can't imprison you for it. Freedom of speech does not mean free from consequences over the speech.

For the record since 9/11 I believe freedom of speech is in danger, "free speech zones"  during protests and the like, and there are examples, but this isn't one of them.
« Last Edit: March 17, 2015, 03:55:35 am by DenverFinFan » Logged
Rich
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« Reply #50 on: March 17, 2015, 08:57:21 am »

Here is the fundamental difference:  it is a STATE school, not a private employer.  The Constitution freedom of speech only says you can't be punished by a government agency for your speach,.  The school by expelling the students punished them for using an offensive term.

Your employer can fire you for that.  The National organization can revoke the charter over that.  But the constitution prohibis the school from expelling them over that

The 1st amendment does no such thing. Here is the 1st amendment. It applies exclusively to Congress.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Lee
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« Reply #51 on: March 17, 2015, 09:51:02 am »

If people would actually read all case law and court interpretations on the 1st amendment, they would truly be surprised by what is NOT protected...
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Spider-Dan
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« Reply #52 on: March 17, 2015, 01:41:41 pm »

The 1st amendment does no such thing. Here is the 1st amendment. It applies exclusively to Congress.
The 14th Amendment applies the Bill of Rights to the states, as well.
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Rich
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« Reply #53 on: March 17, 2015, 02:06:41 pm »

The 14th Amendment applies the Bill of Rights to the states, as well.

Agreed, but I think we're clear that the intent is to not infringe on the rights of the individual. However, attending college is not a right. Otherwise, colleges would not have academic standards and anyone could get in.
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bsmooth
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« Reply #54 on: March 18, 2015, 06:45:30 pm »

Here is the fundamental difference:  it is a STATE school, not a private employer.  The Constitution freedom of speech only says you can't be punished by a government agency for your speach,.  The school by expelling the students punished them for using an offensive term.

Your employer can fire you for that.  The National organization can revoke the charter over that.  But the constitution prohibis the school from expelling them over that

http://legal-dictionary.thefreedictionary.com/Protected+speech
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