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To: Paleo Conservative
The courts have long accepted that schools act in loco parentis -- in the place of parents. A government may not stop its citizens from, say, Santaria-type animal sacrifices, but parents can prevent their children from doing so -- and so, by extension, can schools.

Besides that, schools have also traditionally been held to have more latitude to maintain order at the expense of individual students' rights than does the government to society at large.

Off-campus and outside school hours, students have the same rights as everyone else. While at school, they are subject to greater restrictions than when they're in a park or on the sidewalk. It's not that different, really, from acting a damn fool at a mall -- your right to do it, their right to make you leave.

21 posted on 02/25/2008 1:18:27 AM PST by ReignOfError
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To: ReignOfError

WASHINGTON (CNN) — The Justice Department announced Tuesday the government’s civil rights lawyers have jumped into a legal case to support a Muslim girl’s right to wear a head scarf in a public school.
U.S. to defend Muslim girl wearing scarf in school
Federal position will oppose Oklahoma school district policy

Assistant Attorney General for Civil Rights Alex Acosta said government lawyers would support 11-year-old Nashala Hearn, a sixth-grade student who has sued the Muskogee, Oklahoma, Public School District for ordering her to remove her head scarf, or hijab, because it violated the dress code of the Benjamin Franklin Science Academy, which she attended.

http://www.cnn.com/2004/LAW/03/30/us.school.headscarves/


24 posted on 02/25/2008 1:27:21 AM PST by endthematrix (He was shouting 'Allah!' but I didn't hear that. It just sounded like a lot of crap to me.)
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To: ReignOfError
Do nothing, get sued.

By whom and for what? So far as I'm aware, not even Michael Newdow or the ACLU has ever sued a school for "failure to prevent students from wearing crucifixes."

It's not that different, really, from acting a damn fool at a mall -- your right to do it, their right to make you leave.

Except that the government does not enforce compulsory mall attendance.

46 posted on 02/25/2008 5:49:12 AM PST by Sloth (If you took an oath to support & defend the U.S. Constitution, can you vote for its domestic enemy?)
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To: ReignOfError; endthematrix; Sloth
to greater restrictions than when they’re in a park or on the sidewalk.

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

Hm?..So?...Are police and social workers knocking at the door if a parent refuses to send their child to government mandated compulsory sidewalk walking?

Do families have foster care threatened because the refuse to participate in government ordered park attendance?

Axiom: Government schools are a First Amendment, freedom of conscience, and human rights abomination!!!

49 posted on 02/25/2008 6:09:22 AM PST by wintertime (Good ideas win! Why? Because people are not stupid.)
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To: ReignOfError
"While at school, they are subject to greater restrictions than when they're in a park or on the sidewalk."


Just show me where it states that in the Constitution.
77 posted on 02/25/2008 6:57:38 PM PST by Emperor Palpatine ("There is no civility, only politics.")
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