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A High School Cheerleader’s F-Bombs on Snapchat Could Blow Up Free Speech for U.S. Students

MrDawn

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Careful, there are limits per the courts and constitution on how you can carry out those protests.

Oh yeah, I completely forgot about that lol. When they arrest you and read you your Miranda Rights. Anything I say would be held against me in a court of law.

Miranda-Rights.png


It's also in Robocop if you like that movie.

 

Phenom

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Freedom of speech does not include the right:​

  • To incite actions that would harm others (e.g., “shout[ing] ‘fire’ in a crowded theater.”).
    Schenck v. United States, 249 U.S. 47 (1919).
  • To make or distribute obscene materials.
    Roth v. United States, 354 U.S. 476 (1957).
  • To burn draft cards as an anti-war protest.
    United States v. O’Brien, 391 U.S. 367 (1968).
  • To permit students to print articles in a school newspaper over the objections of the school administration.
    Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
  • Of students to make an obscene speech at a school-sponsored event.
    Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
  • Of students to advocate illegal drug use at a school-sponsored event.
    Morse v. Frederick, __ U.S. __ (2007).
This was what I was referring to.
 

MrDawn

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This was what I was referring to.

Not to mention that the first amendment isn't enforced on forums and social media.

In a case closely watched for its potential implications for social media, the Supreme Court has ruled that a nonprofit running public access channels isn’t bound by governmental constraints on speech.
 

Phenom

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Well, it even says that you can protest wars in public schools and they can't do anything about it as long as it doesn't bring harm to someone else.
 

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Let's put it this way, think of any big speech you heard, any at all like gettysburg address or I have a dream speech. Throw in a bunch of curse words into them, do they still have the same meaning as without them?
 

Phenom

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Let's put it this way, think of any big speech you heard, any at all like gettysburg address or I have a dream speech. Throw in a bunch of curse words into them, do they still have the same meaning as without them?
Depends on the speech and the manner in which it is given. You keep acting as if this teenage girl was giving some monumental speech on the steps of the Capitol Building. She's not. She wasn't. She was voicing her displeasure at the result of the cheerleader tryouts on her private social media.
 

MrDawn

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Let's put it this way, think of any big speech you heard, any at all like gettysburg address or I have a dream speech. Throw in a bunch of curse words into them, do they still have the same meaning as without them?

What Phenom is trying to say to you and everyone in this thread is that It was on her private social media account. She didn't walk into the school and say it. It was for her and her friends on FACEBOOK. It was not meant for the entire school to see.

Another way to look at it is this. Lets say I'm asking to see your personal email and text messages. You're not going to show me your email or text messages because it's none of my business. It's the same for the school. It was none of their business what she said to her friends. What happened was, the school found out and then punished her.

The school's jurisdiction ends when a student leaves the school grounds. So if the student wants to slam the school when they're off the property, they can't legally do anything to that student without repercussions. Did I mention that girl's parents won the lawsuit?
 

Phenom

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What Phenom is trying to say to you and everyone in this thread is that It was on her private social media account. She didn't walk into the school and say it. It was for her and her friends on FACEBOOK. It was not meant for the entire school to see.

Another way to look at it is this. Lets say I'm asking to see your personal email and text messages.

You're not going to show me your email or text messages because it's none of my business. It's the same for the school. It was none of their business what she said to her friends. What happened was, the school found out and then punished her.
One of the girls took screenshots of her pictures/video and showed it to her mom, one of the coaches, who then took it to the school. The girl had no intention of doing any such thing.
 

Demon_skeith

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What Phenom is trying to say to you and everyone in this thread is that It was on her private social media account. She didn't walk into the school and say it. It was for her and her friends on FACEBOOK. It was not meant for the entire school to see.

Another way to look at it is this. Lets say I'm asking to see your personal email and text messages. You're not going to show me your email or text messages because it's none of my business. It's the same for the school. It was none of their business what she said to her friends. What happened was, the school found out and then punished her.

The school's jurisdiction ends when a student leaves the school grounds. So if the student wants to slam the school when they're off the property, they can't legally do anything to that student without repercussions. Did I mention that girl's parents won the lawsuit?

Of course they won the lawsuit, they should win the lawsuit because she can say it. But as I've learned in numerous speech/English classes you can't say certain things to people in private or in public. As soon as she directed it at her school, in public or private she ended up stepping on someone's toes the moment they learn of it.

Yes, we are a free country where we are allowed to do more than most others but we're still a country of rules, laws and obligations to remain respectful to one another. Like it or not we can't go disrespecting anything public and in the age of free flowing information, if you don't want anything getting out, it shouldn't be made in the first place.
 

Phenom

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Of course they won the lawsuit, they should win the lawsuit because she can say it. But as I've learned in numerous speech/English classes you can't say certain things to people in private or in public. As soon as she directed it at her school, in public or private she ended up stepping on someone's toes the moment they learn of it.

Yes, we are a free country where we are allowed to do more than most others but we're still a country of rules, laws and obligations to remain respectful to one another. Like it or not we can't go disrespecting anything public and in the age of free flowing information, if you don't want anything getting out, it shouldn't be made in the first place.
Wrong, wrong, wrong.

Since when does the school have the right to complain about her displeasure. I grew up moaning and groaning about the fact that my school was falling apart. We had ceiling tiles fall on student's heads during class at times or the pipes would burst in the winter if they froze.

Regardless, there are no rules in existence that dictate how we should act to each other.
 

Hungry Ego

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I think her way of portraying her message was unprofessional and disrespectful, while it may have been completely within her rights to say or do what she did, the school does have the right to refuse her entry if her actions go against the values and culture of the school or team.

maybe this is a difference between Canada and the USA, but whether it is legal or not, it doesn’t make her come across as the “best teammate” or “best candidate for the job”.
 

Phenom

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I think her way of portraying her message was unprofessional and disrespectful, while it may have been completely within her rights to say or do what she did, the school does have the right to refuse her entry if her actions go against the values and culture of the school or team.

maybe this is a difference between Canada and the USA, but whether it is legal or not, it doesn’t make her come across as the “best teammate” or “best candidate for the job”.
Well, this didn't happen in Canada, it happened in the US and she's well within her right as a teenager to voice her opinion because of her right to freedom of speech. As long as she doesn't bully or threaten someone or the school, she is able to say whatever she wants.

Why does it matter how the message was conveyed? Her freedom of speech grants her the right to say it.
 
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