Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge says Blocking of Student's 'Unpopular' Opinions OK-(liberalism forced on H.S. students)
AGAPE PRESS.ORG ^ | MARCH 28, 2005 | Jim Brown

Posted on 03/29/2005 1:33:45 PM PST by CHARLITE

A federal judge has ruled against a former student columnist who claims he was reprimanded and disciplined by his California high school for writing two opinion editorials opposing illegal immigration and affirmative action.

A lawsuit filed by former Novato High School student Andrew Smith alleges the district violated his free-speech rights by confiscating copies of his articles and publicly apologizing for them. The case went to trial earlier this month, and in his ruling Marin County Judge John Sutro said he found no evidence Smith's rights were violated. According to Judge Sutro, Smith's articles were equivalent to something from "a white power publication or Ku Klux Klan."

Smith's attorney, Arthur Mark with the Pacific Legal Foundation, says it is unfortunate that the judge only considered federal law, and not the state standard.

"The law that was applied in this case was the wrong legal standard," Mark says. "California has very strong protections for high school students, especially those that want to express unpopular viewpoints -- and across the nation these days, an unpopular viewpoint in high school could be a conservative or non-politically correct viewpoint."

The attorney feels the district's apology implies the student author was outside the bounds of personal freedom when expressing his opinion through the articles.

"It is our position that that telegraphed to students in Novato High School and in the district that Andrew had done something wrong, and that the school was in no way supportive of the free-speech rights of students," he says.

Mark also claims his client was verbally and physically abused by Hispanic students who took offense to his article against illegal immigration. Smith is reportedly considering whether to appeal the case.

Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: California
KEYWORDS: academicbias; against; aliens; andrewsmith; california; campusbias; conservative; county; court; culturewars; editorials; education; educrats; firstamendment; freespeech; highschool; illegalaliens; illegalimmigration; indoctrination; johnsutro; judge; liberal; marin; newspaper; novato; pc; politicalcorrectness; ruling; schoolbias; student; teacher

1 posted on 03/29/2005 1:33:47 PM PST by CHARLITE
[ Post Reply | Private Reply | View Replies]

To: CHARLITE

What the judge says, goes.

Nation of laws and all that...


2 posted on 03/29/2005 1:36:03 PM PST by WhistlingPastTheGraveyard (Ghoul Power!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CHARLITE

I wouldn't mind reading these articles. Perhaps I already have I just don't realize it.


3 posted on 03/29/2005 1:37:50 PM PST by Texas_Jarhead (http://www.freerepublic.com/focus/news/1366853/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CHARLITE

I wonder why they call it "illegal" immigration? It's obvious no one enforces that law and no one is allowed to speak out against it. We should just go ahead and invite all of Mexico and Central America up for a big old barbeque on us and be done with it. Those who don't like that can just mosey on up to Canada. Wonder if the Canadians would mind?


4 posted on 03/29/2005 1:38:18 PM PST by Arkie2
[ Post Reply | Private Reply | To 1 | View Replies]

To: CHARLITE

There is not enough useful information in this article to make heads or tails of this.


5 posted on 03/29/2005 1:38:19 PM PST by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: WhistlingPastTheGraveyard

LOL!


6 posted on 03/29/2005 1:38:42 PM PST by jwalburg (Those buried included children still clutching toys)
[ Post Reply | Private Reply | To 2 | View Replies]

To: WhistlingPastTheGraveyard

Love your tagline. The ghouls are indeed running wild.


7 posted on 03/29/2005 1:38:56 PM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
[ Post Reply | Private Reply | To 2 | View Replies]

To: WhistlingPastTheGraveyard

The Tyranny of the Black-Robes continues...


8 posted on 03/29/2005 1:39:01 PM PST by Romish_Papist (Hannity nutshell: "Buy my book, eat @ Ruth's Chris Steakhouse, repeat ad nauseum...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CHARLITE
According to Judge Sutro, Smith's articles were equivalent to something from "a white power publication or Ku Klux Klan."

Sounds potentially libelous to me.
9 posted on 03/29/2005 1:52:47 PM PST by andyk
[ Post Reply | Private Reply | To 1 | View Replies]

To: TattooedUSAFConservative
The Tyranny of the Black-Robes continues...

not always the case, around here she has a white and a pink one

10 posted on 03/29/2005 1:53:04 PM PST by sure_fine (*not one to over kill the thought process*)
[ Post Reply | Private Reply | To 8 | View Replies]

To: CHARLITE

feral law? There's a lot of that going around.
Oh, *federal* law. Same-same.


11 posted on 03/29/2005 1:55:20 PM PST by tumblindice (Our Founding Fathers: all conservative gun owners)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CHARLITE

I thought the judges name was familair.


"Marin County Superior Court Judge John Sutro today stayed until April 1 an order to evict patient Sarah Nome from the Kaiser Permanente Medical Center in San Rafael.

Nome, 82, formerly of San Anselmo, has been in the hospital since January 2004 and refuses to leave until arrangements are made for placement in another custodial care facility to her liking."

Read more: http://abclocal.go.com/kgo/news/032105_nw_med_evict.html


12 posted on 03/29/2005 2:00:24 PM PST by Peace will be here soon
[ Post Reply | Private Reply | To 1 | View Replies]

To: Peace will be here soon

Ms. Nome was lucky she was not in a permanent vegetative state.


13 posted on 03/29/2005 2:40:35 PM PST by popdonnelly
[ Post Reply | Private Reply | To 12 | View Replies]

To: CHARLITE
Funny. A judge on Boston Legal a few weeks ago ruled for free speech in a case in which a H.S principal wanted to censor Fox News Channel.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
14 posted on 03/30/2005 3:36:47 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CHARLITE
A federal judge has ruled against a former student columnist...

John Sutro is NOT a federal judge.

15 posted on 03/30/2005 10:02:52 AM PST by an amused spectator (If Social Security isn't broken, then cut me a check for the cash I have into it.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson