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Education chief asked to resolve Portsmouth sword fight ( Free Speech in Gov. schools)
newportdailynews ^ | December 21,2006 | Meaghan Wims

Posted on 12/22/2006 5:25:54 AM PST by wintertime

The American Civil Liberties Union of Rhode Island and the Portsmouth School Committee have asked the state's education commissioner to weigh in on whether high school student Patrick Agin's medieval-style portrait can be published in the school yearbook.

The ACLU sued the School Committee last week on behalf of Agin, a senior at Portsmouth High School, and his mother, Heidi Farrington, after Principal Robert Littlefield banned Agin's photo from the yearbook. In his senior portrait, Agin, a member of the Society of Creative Anachronism, is wearing a chain mail coat and holding a prop broadsword.

With a Feb. 28 deadline for publishing the yearbook - later than the Dec. 18 date school officials had cited previously - the ACLU has agreed to withdraw its motion for a temporary restraining order prohibiting the school from printing the yearbook without Agin's photo.

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


TOPICS: News/Current Events
KEYWORDS: allprivateschools; closepublicschools; homeschool; school
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The government school can not resolve this without trampling the freedom of conscience of some.

The government school can not respect competing and opposite values. It can not both print the photo of the student with the broadsword, and at the same time uphold the values of the parents and students who do not want weapons promoted in their school publications.

If this were a private school, there would be no issue with an impossible resolution. The parents and students, prior to matriculating, would agree to the private school's police regarding free speech and weapons.

Ah,,,,,But government schools are not voluntary for many. The students are there by compulsion. This means armed police, court, and foster care action if they do not show up at their government assigned indoctrination center ( oops! "school"). Once there they will have their free speech rights violated. In this case, they will be subjected to culture that either forbids or promotes weapons by way of the yearbook.

As I have posted previously, government schools never were, are not now, and never will be values neutral. They will uphold the religious, cultural, and political values of some, and trash those of others.

Government schools also violate every First Amendment human rights. They suppress free speech, free press, free assembly, and free expression of religion. They also establish the religious beliefs of some and undermine those of others.

In fact, First Amendment Rights and government schools are utter incompatible, because if a school did allow First Amendment Rights chaos would reign. While private schools can consitutionally do this ( being private chosen), government schools are in violation of our human right to freedom of conscience.

1 posted on 12/22/2006 5:25:55 AM PST by wintertime
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I hate these rare cases where the ACLU is right.


2 posted on 12/22/2006 5:29:34 AM PST by ChuteTheMall (Tagline: If you're reading this, I'm influencing your mind.)
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To: ChuteTheMall
Where does free speech in a yearbook end I wonder? Can a student pose with a severed head? How about appearing in black face with a bone in his nose? Or maybe desecrating a crucifix or wearing a Klansman's hood? All these things would be considered objectionable by some. Are they free speech in a high school?
3 posted on 12/22/2006 5:34:09 AM PST by rhombus
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Afterthought:

I just remembered that my high school yearbook was named "The Excalibur" after the famous legendary sword of King Arthur, and some photos showed students posing around a big rock with the sword stuck thru it. A different era.


4 posted on 12/22/2006 5:35:35 AM PST by ChuteTheMall (Tagline: If you're reading this, I'm influencing your mind.)
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To: wintertime
"Creative Anachronism" = (Creative anachRonism And Pandering)
5 posted on 12/22/2006 5:37:18 AM PST by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: wintertime

and exactly what First Amendment "right(s)" do you mean ?

so there can be no confusion, here it is in its entirety:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


6 posted on 12/22/2006 5:38:58 AM PST by Vn_survivor_67-68
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To: wintertime

If he wants to look lika a Tard in his year book---who cares?


7 posted on 12/22/2006 5:39:51 AM PST by sgtbono2002 (The fourth estate is a fifth column.)
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To: wintertime

Back up a couple months to the day he showed up at school wearing such garb. That in itself is a violation of the school dress code which he and his parents should have signed the first day of school. He should have been sent to the principal's office, his parents called, and come back to school in proper attire leaving his play toys at home where they belong.


8 posted on 12/22/2006 5:40:26 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: wintertime

I'm all in favor of trampling on the "rights" and "values" of the hoplophobic morons who are opposed to pictures of weapons in their school yearbook.
They were born to be victims, anyway.


9 posted on 12/22/2006 5:42:39 AM PST by Little Ray
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To: HuntsvilleTxVeteran
"Creative Anachronism" = (Creative anachRonism And Pandering)

Out of curiosity, do you have any idea what you are talking about?

10 posted on 12/22/2006 5:45:48 AM PST by Wormwood (I'm with you in Rockland)
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To: ChuteTheMall

I disagree. The yearbook is not the personal plaything of an individual student, it's a book for the entire school, and the school has a right to censor what goes into the book so it can be enjoyed by all the members.

Otherwise, we always end up allowing the one insensitive boor to ruin everything for everybody.

There is no "free speech" argument to be made regarding how you are dressed in your yearbook photo. The boy is free to publish a book with his pictures in it, and sell or give it away to all the students. The SCHOOL is publishing the yearbook and has creative control.

I'd grant just a LITTLE more leeway for WORDS if the school was silly enough to give each student "freedom" to write their own blurb.


11 posted on 12/22/2006 5:48:08 AM PST by CharlesWayneCT
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To: rhombus
....Can a student pose with a severed head? How about appearing in black face with a bone in his nose? Or maybe desecrating a crucifix or wearing a Klansman's hood? All these things would be considered objectionable by some....

Possessing a severed head or advocating racial hatred is not analogous to some dork in high school who likes to play dress-up. Good try though...(the effect is better if you roll your eyes)

12 posted on 12/22/2006 5:48:20 AM PST by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: wintertime

I guess his coat of arms didn't include a cross, or else the ACLU would be backing the school.


13 posted on 12/22/2006 5:50:00 AM PST by CharlesWayneCT
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To: Wormwood
Yes, a person who only wants attention by their attire instead of ability!
14 posted on 12/22/2006 5:50:06 AM PST by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: Vn_survivor_67-68

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Government schools herd children into its centers ( kiddie prisons) and then, like prisoners strictly monitors and controls freedom of association.

Government schools tell children to shut up for large parts of the day.

Government schools tightly control what can be published.

Government schools do not allow free expression of religion for most ( or all) of the prison day.

Government schools can not be religiously, culturally, or politically neutral, and therefore establish the religious belief of some and undermine that of others.

And,,,unless teachers are using school buses to transport children to their favored political rallies, children are forbidden to assemble and petition the government.


15 posted on 12/22/2006 5:51:11 AM PST by wintertime (Good ideas win! Why? Because people are not stupid)
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To: Damifino

Just off the top of my head (no pun intended, CAIR) I'm going back to my HS days.

In one book alone we had the Rho Sigma (Riot Squad) lined up in a "69" on the football field, a guy getting his head lopped off in a mock medieval execution, a girl dressed up in a Playboy bunny suit (and damn she was hot).

And oh yeah--the next year the SCA geeks were featured on their own page, including the teacher who sponsored the group.

Sounds like a school somewhere needs to lighten the hell up.


16 posted on 12/22/2006 5:53:05 AM PST by OCCASparky (Steely-Eyed Killer of the Deep)
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To: wintertime

Several USSC decisions have determined that schools may restrict First Amendment rights under certain circumstances, i.e., to prevent a break-down in discipline, etc. I can see an argument in favor of this applying to a school publication as well.


17 posted on 12/22/2006 5:54:09 AM PST by Hemingway's Ghost (Spirit of '75)
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To: OCCASparky
Sounds like a school somewhere needs to lighten the hell up.

Welcome to the age of Zero Tolerance.

Where blind obedience to the Rules is more important than critical thinking, or even common sense.

18 posted on 12/22/2006 5:54:42 AM PST by Wormwood (I'm with you in Rockland)
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To: wintertime

and what part of the First Amendment do you claim is being violated.......I had hoped you would simply cite it, since I provided it for you. But I didn't think you could or would. As your "response" shows, you cannot and therefore will not even make the attempt--instead you go on and on with what is commonly referred to as "artful pleading", which is another way to describe a frivolous presentation.


19 posted on 12/22/2006 5:58:49 AM PST by Vn_survivor_67-68
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To: Vn_survivor_67-68
Thoughtful Freepers will understand my argument.
20 posted on 12/22/2006 6:03:35 AM PST by wintertime (Good ideas win! Why? Because people are not stupid)
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