Do dissenting students have a right to object to any ideas that are
imposed upon them in the course of 13 years of public schooling? What of
the conservative student who objects to the constant school-sponsored
support for environmentalism, and multiculturalism, and (recently) Critical Race Theory?
As Justice Kennedy put it so clearly in Lee
v. Weisman:
“To endure the speech of false ideas or offensive content and then to
counter
it is part of learning how to live in a pluralistic society, a society
which
insists upon open discourse towards the end of a tolerant citizenry. And
tolerance presupposes some mutuality of obligation....Against this
background, students may consider it an odd measure of justice to be
subjected during the course of their educations to ideas deemed
offensive and irreligious, but to be denied a brief formal prayer
ceremony that the school offers in return. This argument cannot prevail,
however...” [because of the Establishment Clause]
So,
heckler's vetoes are bad and forbidden....except when they are good and
required! Is this a little like heads the secular kids win, tails the
religious kids lose? Does this double standard endorse a message of disapproval for religion?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Sunday, August 29, 2021
Dissenting Students in Government Schools
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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