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Color Alito an Activist when it comes to Educaton
The Philadelphia Inquirer ^ | Posted on Wed, Jan. 11, 2006 | By Richard Arum and Jonathan Zimmerman

Posted on 01/11/2006 7:18:18 AM PST by sportutegrl

When it comes to education, in fact, Alito is no conservative. Instead, he's a raging judicial activist.

Take his dissent in C.H. v. Oliva, in which a New Jersey school removed a child's poster of Jesus from a Thanksgiving display. Although the school returned the poster to the display the very next day, Alito said courts should entertain a lawsuit by the child's parents. "Public school authorities may not discriminate against student speech based on its religious content," Alito wrote. "Recognition of this important principle would not interfere with the operation of the public schools."

We disagree. Over the last four decades, courts have shown a disturbing penchant for meddling with the day-to-day operations of schools. As a result, principals and teachers have lost a good deal of the moral authority that they once possessed. In too many instances around the country, activist judges - not schools - determine what's best for American children.

And Alito has been more activist than most. Examining all of Alito's rulings and dissents in cases related to educational practice, we found that Alito was more than twice as likely as the average appellate judge to side with challengers to American schools. And in cases involving K-12 public school discipline and student expression, Alito favored challengers five times out of eight.

In Saxe v. State College Area School District, for example, Alito struck down a school anti-harassment policy that had been designed to protect gay students, among others. Why? Because conservative parents said the policy would limit students' ability "to speak out about the sinful nature and harmful effects of homosexuality." In Pope v. East Brunswick Board of Education, meanwhile, Alito censured school officials for refusing to award official recognition to a student Bible club.

(Excerpt) Read more at philly.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; News/Current Events; Philosophy
KEYWORDS: alito; alitoakbar; education; mediabias; supremecourt
Let's see, Alito says schools have to recognize student Bible clubs, votes in favor of free speech and against anti gay 'speech codes', and defends a student's right to put up a Jesus poster. And this is an editorial against Alito?
1 posted on 01/11/2006 7:18:19 AM PST by sportutegrl
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To: sportutegrl

Respecting freedom of religion makes one an activist?


2 posted on 01/11/2006 7:20:30 AM PST by thoughtomator (Illegal immigrants come to America for a better life - yours!)
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To: thoughtomator

It does if you're a lib :(


3 posted on 01/11/2006 7:21:23 AM PST by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: sportutegrl

Alito's point is this: if you are going to have one club, you have them all or you have none. That's all. The liberals can't stand that. They want only minority crapola, with majority groups eliminated.


4 posted on 01/11/2006 7:24:28 AM PST by yldstrk (My heros have always been cowboys-Reagan and Bush)
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To: sportutegrl

Alito's point is this: if you are going to have one club, you have them all or you have none. That's all. The liberals can't stand that. They want only minority crapola, with majority groups eliminated.


5 posted on 01/11/2006 7:24:39 AM PST by yldstrk (My heros have always been cowboys-Reagan and Bush)
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To: sportutegrl

The"reasoning" in this piece is about as convoluted as it can get. Court intervention in the running of schools has been a paradigm of the left forever.


6 posted on 01/11/2006 7:26:35 AM PST by facedown (Armed in the Heartland)
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To: sportutegrl

Blows your mind....


7 posted on 01/11/2006 7:27:32 AM PST by fml
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To: sportutegrl

Welcome to the journalistic stupidity that we in Philadelphia deal with every day. Is it any wonder that Phila. is the Dimocrat capitol of Pennsylvania?


8 posted on 01/11/2006 7:28:27 AM PST by WmCraven_Wk
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To: thoughtomator

You're beginning to see the problem...


9 posted on 01/11/2006 7:28:41 AM PST by Eric in the Ozarks (Don't buy Bose. Their warranty is no good.)
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To: sportutegrl
This is why we need conservative judges they stand up for every ones rights..what do you want to bet the dems won't bring this subject up in their questioning..
10 posted on 01/11/2006 7:29:47 AM PST by Beth528
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To: martin_fierro; Tijeras_Slim
Color Alito an Activist when it comes to Educaton

Educaton peng.

11 posted on 01/11/2006 7:31:34 AM PST by Constitution Day
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To: sportutegrl

"Educaton"

;-)


12 posted on 01/11/2006 7:31:56 AM PST by ButThreeLeftsDo
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To: WmCraven_Wk

A few months ago I heard (from my aunt in Philly) that the state of Pennsylvania was going to make a "Black History" course mandatory for high school students to graduate. What's the latest on that?


13 posted on 01/11/2006 7:32:32 AM PST by Zeppelin (Texas Longhorns === National Champions !!!)
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To: Zeppelin

I haven't heard about the "Black History" course but it wouldn't surprise me considering the overwhelming black population in the City public schools.

Besides, white history is just so 'racist'. {/sarcasm off}


14 posted on 01/11/2006 7:36:42 AM PST by WmCraven_Wk
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To: sportutegrl
Alito was more than twice as likely as the average appellate judge to side with challengers to American schools.

This is supposed to be bad?

15 posted on 01/11/2006 7:39:42 AM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: WmCraven_Wk

should interest you

http://www.freerepublic.com/focus/f-news/1428184/posts

(by the way, I was wrong, it wasnt the whole state, just the Philly school district)


16 posted on 01/11/2006 7:41:06 AM PST by Zeppelin (Texas Longhorns === National Champions !!!)
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To: Constitution Day; Tijeras_Slim


17 posted on 01/11/2006 7:43:13 AM PST by martin_fierro (< |:)~)
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To: martin_fierro

It is really easy to find graduates of Philadelphia area schools, isn't it? You don't even have to spell it out for them....hahahahahahahaha......sorry!


18 posted on 01/11/2006 8:26:46 AM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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