(01-13-2016 01:51 PM)DexterDevil Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  

(01-13-2016 01:40 PM)appst89 Wrote:  The ACLU will be all over this. I'm sure they like easy wins.

Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

I never did...

It's moot whether or not she signed one. You can *NOT* sign away your rights. While they can tie participation to grades or behavior as an athlete they can *NOT* decide to own your entire life. This is particularly true because it's a public school. This is, in essence, the government punishing her for speech.

A court could very well invalidate a code of conduct..

(01-13-2016 02:00 PM)Redwingtom Wrote:  

(01-13-2016 01:56 PM)appst89 Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  

(01-13-2016 01:40 PM)appst89 Wrote:  The ACLU will be all over this. I'm sure they like easy wins.

Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

Because the school, or athletic association cannot violate her rights to free speech unless they can prove some clear and present danger was caused by it.

Her actions were off of school property and not related to her sport, so even if there were an agreement, it wouldn't apply here.

It is not akin to that at all.

She was injured by being punished for exercising her First Amendment rights.

She will win easily if she chooses to sue. I did a quick Google search and found several similar cases where the courts have said that schools cannot punish for social media postings unless there is a clear threat posed by the speech.

Perhaps...but her comments were directly related to her sport and to the state athletic association. I don't think that can be seen as outside of school activities as it directly relates to them.

Makes no difference. Unless it posed a threat to them, they cannot restrict her First Amendment rights.

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

Their danger there is that they would have to show consistent application of punishment for all students. Not just those who was speaking out against the association.

This is a public school system. A public school system CAN NOT dictate what can and can not be said about them. They can enforce vulgar or obscene language, as long as the punishment she receives is consistent with similar or worse language used on other topics by others, and the right to enforce that language is spelled out somewhere.

So while the association may have a legal basis to do this (based upon some code of conduct) they will have to show they enforce the code consistently. They will probably fail at being able to do that, simply based on the fact these new rules are pure dumbassery. And I doubt the association is going to want the public shaming headache that will come out of this.

If they were going to enforce the code of conduct, they should have stated that the student was being suspended 5 games for use of vulgarity, against code of conduct rules, and that the suspension did not pertain to the subject matter of her tweet. If they fail to do that, they simply appear butthurt someone said something against them, and guess what, that's america jack.

(01-13-2016 02:14 PM)blunderbuss Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

Does that really matter? If an athlete goes out drinking and gets arrested for underage drinking, the school can't kick them off the team?

Something tells me they could...easily.

There is no right to play high school sports as far as I can tell. Can other students who got cut from tryouts because their ability was less than others sue to be on the team?

(01-13-2016 02:18 PM)UofMstateU Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

Their danger there is that they would have to show consistent application of punishment for all students. Not just those who was speaking out against the association.

This is a public school system. A public school system CAN NOT dictate what can and can not be said about them. They can enforce vulgar or obscene language, as long as the punishment she receives is consistent with similar or worse language used on other topics by others, and the right to enforce that language is spelled out somewhere.

So while the association may have a legal basis to do this (based upon some code of conduct) they will have to show they enforce the code consistently. They will probably fail at being able to do that, simply based on the fact these new rules are pure dumbassery. And I doubt the association is going to want the public shaming headache that will come out of this.

If they were going to enforce the code of conduct, they should have stated that the student was being suspended 5 games for use of vulgarity, against code of conduct rules, and that the suspension did not pertain to the subject matter of her tweet. If they fail to do that, they simply appear butthurt someone said something against them, and guess what, that's america jack.

We're missing one key piece of evidence here in that we don't know what the policy actually says. But it should be quite easy to see if it's been enforced equally. But difficult in that you'd have to have other incidents of foul language actually made known to the school. If they've never been made aware of another, they can't be expected to have known.

(01-13-2016 02:27 PM)Redwingtom Wrote:  

(01-13-2016 02:14 PM)blunderbuss Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

Does that really matter? If an athlete goes out drinking and gets arrested for underage drinking, the school can't kick them off the team?

Something tells me they could...easily.

There is no right to play high school sports as far as I can tell. Can other students who got cut from tryouts because their ability was less than others sue to be on the team?

Underage drinking breaks the law. So, yes, they could kick them off the team.

It's not about the right to play sports, it's the right to free speech. The school, or association, cannot restrict her right to free speech unless there was a danger created by it. In other cases much like this one, the courts have held that posting something negative, or disparaging, about the school does not present a danger.

(01-13-2016 02:31 PM)appst89 Wrote:  

(01-13-2016 02:27 PM)Redwingtom Wrote:  

(01-13-2016 02:14 PM)blunderbuss Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

Does that really matter? If an athlete goes out drinking and gets arrested for underage drinking, the school can't kick them off the team?

Something tells me they could...easily.

There is no right to play high school sports as far as I can tell. Can other students who got cut from tryouts because their ability was less than others sue to be on the team?

Underage drinking breaks the law. So, yes, they could kick them off the team.

It's not about the right to play sports, it's the right to free speech. The school, or association, cannot restrict her right to free speech unless there was a danger created by it. In other cases much like this one, the courts have held that posting something negative, or disparaging, about the school does not present a danger.

On the breaking the law, yes. I was just making a point that it has little to do with whether the action was related to a school function or not.

Again...we need to see the policy. If it contains language about profane language, then she's screwed regardless.

FWIW - So far, she does not appear to be fighting it from what I've read.

(01-13-2016 01:55 PM)Redwingtom Wrote:  

(01-13-2016 01:51 PM)DexterDevil Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  

(01-13-2016 01:40 PM)appst89 Wrote:  The ACLU will be all over this. I'm sure they like easy wins.

Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

I never did...

Maybe you just didn't realize it. I sign a school policy document for my daughter each year, and she doesn't even play sports.

I never signed any of my "rights" (lets be honestc before 18 you have no rights if a authority figure or parent says otherwise) over to Dexter High, not even for the parking pass. I signed stuff in regards to classes, nothing to do with the whole school.

(01-13-2016 02:37 PM)DexterDevil Wrote:  

(01-13-2016 01:55 PM)Redwingtom Wrote:  

(01-13-2016 01:51 PM)DexterDevil Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  

(01-13-2016 01:40 PM)appst89 Wrote:  The ACLU will be all over this. I'm sure they like easy wins.

Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

I never did...

Maybe you just didn't realize it. I sign a school policy document for my daughter each year, and she doesn't even play sports.

I never signed any of my "rights" (lets be honestc before 18 you have no rights if a authority figure or parent says otherwise) over to Dexter High, not even for the parking pass. I signed stuff in regards to classes, nothing to do with the whole school.

True...perhaps your parents signed it? Although, I think my daughter had to sign the one I also signed IIRC.

She doesn't go to DHS though.

(01-13-2016 02:29 PM)Redwingtom Wrote:  

(01-13-2016 02:18 PM)UofMstateU Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

Their danger there is that they would have to show consistent application of punishment for all students. Not just those who was speaking out against the association.

This is a public school system. A public school system CAN NOT dictate what can and can not be said about them. They can enforce vulgar or obscene language, as long as the punishment she receives is consistent with similar or worse language used on other topics by others, and the right to enforce that language is spelled out somewhere.

So while the association may have a legal basis to do this (based upon some code of conduct) they will have to show they enforce the code consistently. They will probably fail at being able to do that, simply based on the fact these new rules are pure dumbassery. And I doubt the association is going to want the public shaming headache that will come out of this.

If they were going to enforce the code of conduct, they should have stated that the student was being suspended 5 games for use of vulgarity, against code of conduct rules, and that the suspension did not pertain to the subject matter of her tweet. If they fail to do that, they simply appear butthurt someone said something against them, and guess what, that's america jack.

We're missing one key piece of evidence here in that we don't know what the policy actually says. But it should be quite easy to see if it's been enforced equally. But difficult in that you'd have to have other incidents of foul language actually made known to the school. If they've never been made aware of another, they can't be expected to have known.

That would go against the association. You cant "hear" about the ones talking bad about you, but not know about any others. That is not applying the rules evenly. That simply confirms that the association "hears" about stuff when its them being talked about.

They would have to do way better than that.

This is high school. I guarantee you a student or athlete has used a vulgar word in a tweet somewhere. The association simply needs to show equal application of the rules. Which they wont.

(01-13-2016 02:43 PM)Redwingtom Wrote:  

(01-13-2016 02:37 PM)DexterDevil Wrote:  

(01-13-2016 01:55 PM)Redwingtom Wrote:  

(01-13-2016 01:51 PM)DexterDevil Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

I never did...

Maybe you just didn't realize it. I sign a school policy document for my daughter each year, and she doesn't even play sports.

I never signed any of my "rights" (lets be honestc before 18 you have no rights if a authority figure or parent says otherwise) over to Dexter High, not even for the parking pass. I signed stuff in regards to classes, nothing to do with the whole school.

True...perhaps your parents signed it? Although, I think my daughter had to sign the one I also signed IIRC.

She doesn't go to DHS though.

Nah, my parents weren't involved in my schooling. There are many things they try to get you to sign that sign away your rights, and as a rebellious teenager I read and refused the terms.

Before long, booing will be be banned from all sporting events. Don't laugh, that's where this silliness is heading.

Jeez can't they just give her a warning. 5 games is severe.

College athletes use vulgar cuss words on twitter all of the time.

I wouldn't mind the "you can't do that chant" being eliminated from sports altogether, because it's easily the dumbest chant in sports. Everything else, including mothers, siblings, and spouses is fair game.

(01-13-2016 01:49 PM)gsu95 Wrote:  I believe in free speech and therefore I believe in heckling. I also believe they should allow athletes to go into the stands and whip hecklers' rear ends. Maybe something like in the third period have a 2-minute, 'athlete rebuttal time.' Might make some sports far more fun to watch.

If you wanna say it, be ready to own it.

Assault is not a protected right.

If the player would like to yell back, that would be fine... but I doubt a coach would want their players listening, much less responding.

(01-13-2016 02:27 PM)Redwingtom Wrote:  

(01-13-2016 02:14 PM)blunderbuss Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

Does that really matter? If an athlete goes out drinking and gets arrested for underage drinking, the school can't kick them off the team?

Something tells me they could...easily.

There is no right to play high school sports as far as I can tell. Can other students who got cut from tryouts because their ability was less than others sue to be on the team?

Bad example. Drinking underage is illegal dipshit.

Sent from my VS980 4G using Tapatalk

(01-13-2016 04:21 PM)blunderbuss Wrote:  

(01-13-2016 02:27 PM)Redwingtom Wrote:  

(01-13-2016 02:14 PM)blunderbuss Wrote:  

(01-13-2016 12:21 PM)Redwingtom Wrote:  

(01-12-2016 08:54 PM)BEARCATDALE Wrote:  Two questions arise from this article. 1. Why is a student being suspended 5 games for something she tweeted? 2. When will this speech monitoring stop?

She used profanity in it, which violates the school language policy.

It was on Twitter, not at a school funtion.

Sent from my VS980 4G using Tapatalk

Does that really matter? If an athlete goes out drinking and gets arrested for underage drinking, the school can't kick them off the team?

Something tells me they could...easily.

There is no right to play high school sports as far as I can tell. Can other students who got cut from tryouts because their ability was less than others sue to be on the team?

Bad example. Drinking underage is illegal dipshit.

Of course it is, but that's irrelevant to the point I was making. The point is that it matters not in many cases if an offense was part of a school function or not to get booted off a team.

It happens all the time at public schools.

(01-13-2016 01:55 PM)Redwingtom Wrote:  

(01-13-2016 01:51 PM)DexterDevil Wrote:  

(01-13-2016 01:50 PM)Redwingtom Wrote:  

(01-13-2016 01:40 PM)appst89 Wrote:  The ACLU will be all over this. I'm sure they like easy wins.

Again, why?

What liberty was illegally taken away? You can safely assume that all high school students athletes sign a code of conduct each year.

She broke that agreement by using profanity so the school punished her.

It's akin to kids being suspended from sports teams for not making grades.

There is no injured party here.

I never did...

Maybe you just didn't realize it. I sign a school policy document for my daughter each year, and she doesn't even play sports.

Do you think if the same girl got mad at a referee during a game and said the word "Sh!t" - she would be suspended 5 games? Really?? She would likely get a technical foul - may be forced by her coach to sit on the bench for a while, but that would be the end of it.

This is just another example of overreaction and the penalty not fitting the crime. Unfortunately, it seems schools do this sort of stuff more and more.