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San FRancisco - Rehearing on T-shirt is denied (Is the 9th Circus promoting censorship?)
SFGate.com ^ | 8/1/06 | Bob Egelko

Posted on 08/01/2006 9:23:17 AM PDT by NormsRevenge

Five conservative federal appeals court judges accused their colleagues of promoting censorship Monday after the court refused to reconsider an appeal by a Southern California student barred by his high school from wearing an anti-gay T-shirt to class.

"School administrators are now free to give one side of debatable public questions a free pass while muzzling voices raised in opposition,'' Judge Diarmuid O'Scannlain said ...

--snip--

The author of the original ruling, liberal Judge Stephen Reinhardt, said the dissenters did not seem to understand what it is like to be a member of a minority group subjected to verbal intimidation while trying to get an education.

The Alliance Defense Fund, a conservative organization that represents the student, is considering an appeal to the U.S. Supreme Court, said Tim Chandler, an attorney with the group. ...

--snip--

The case dates from April 2004, when Chase Harper, then a 16-year-old sophomore at Poway High School in San Diego County, wore a shirt to protest the annual "day of silence'' staged the previous day by the school's Gay-Straight Alliance. ...

--snip--

The front of Harper's shirt read, "Be ashamed, our school embraced what God has condemned.'' The back read, "Homosexuality is shameful,'' followed by a biblical citation.

The school's principal told Harper the shirt was inflammatory and asked him to remove it. The boy asked to be suspended instead, ... His suit, filed two months later, said the school had violated his rights to free speech and exercise of religion.

--snip--

The Supreme Court has recognized students' right to free speech, he said, but school officials can limit expression that disrupts education or violates other students' rights, including the right of a historically persecuted minority to be free from psychological attacks that cause young people to question their self-worth.

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


TOPICS: Crime/Corruption; Government; Politics/Elections; US: California
KEYWORDS: california; censorship; denied; gayagenda; gayrecruiting; molesters; pedophiles; promoting; rehearing; sanfrancisco; tshirt
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1 posted on 08/01/2006 9:23:20 AM PDT by NormsRevenge
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To: NormsRevenge

The 9th Circus Court is nothing but modern day Roland Freiselers.


2 posted on 08/01/2006 9:24:39 AM PDT by KC_Conspirator
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To: NormsRevenge

Waiting for the nanny staters to justify this on 'school discipline' grounds....


3 posted on 08/01/2006 9:26:06 AM PDT by JamesP81 ("Never let your schooling interfere with your education" --Mark Twain)
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To: NormsRevenge

Don't these judges know that kids are required to leave their first admendment rights at the schoolhouse door?


4 posted on 08/01/2006 9:26:53 AM PDT by jwalburg (It wasn't the Executive that Thomas Jefferson referred to as "the Despotic Branch.")
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To: NormsRevenge

Remember when schools were used as places where kids could learn about things like math, science, literature, history, etc. Now there are things like the 'Gay-Straight Alliance' and you get suspended for professing your belief in God. We are in serious trouble.


5 posted on 08/01/2006 9:28:01 AM PDT by frankiep (I respect Islamofacists more than the American left - at least they ADMIT that they hate the US.)
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To: frankiep

I really resent the fudge packers taking over our schools. Love your tagline, BTW.


6 posted on 08/01/2006 9:30:13 AM PDT by wjcsux (I would prefer to have the German army in front of me than the French army behind me- Gen. G. Patton)
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To: wjcsux

Hey! Your kind of intolerance cannot be tolerated!


7 posted on 08/01/2006 9:34:44 AM PDT by thulldud ("Para ingles, oprima el dos.")
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To: NormsRevenge

Right of a historically persecuted minority to be free from psychological attacks, blah, blah, blah.....
Since when is THAT a "right"? I'm sure Messrs. Adams and Jefferson never considered that one...how about we get back to following the United States Constitution as written, and not as imagined by nutjobs in black robes?!


8 posted on 08/01/2006 9:40:17 AM PDT by Frank_2001
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To: NormsRevenge

Reinhardt has a pretty solid record of making it up as he goes along. He is among the very worst judges on the 9th - which makes him among the very worst judges.


9 posted on 08/01/2006 9:52:03 AM PDT by scory
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To: NormsRevenge
"free to give one side of debatable public questions a free pass while muzzling voices raised in opposition"

Ah -- the very essence of 'free speech' to the lefties.

10 posted on 08/01/2006 9:59:15 AM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: NormsRevenge


....when we said "free speech" we didn't mean for you...


11 posted on 08/01/2006 10:13:52 AM PDT by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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To: NormsRevenge

I'd just love to hear the 9th Circus explain how it reconciles this ruling with the one holding that it's just fine for a public school curriculum to include a couple of weeks of playing at being Muslims, complete with declarations of faith. Perhaps it believes citizens should simply follow orders from government agents. If the agents tell you to pretend to be a Muslim, do it; if the agents tell you not to wear a shirt that expresses beliefs different than those held by the agents, take it off immediately.


12 posted on 08/01/2006 10:15:43 AM PDT by GovernmentShrinker
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To: NormsRevenge
Minority Rule or how the Judiciary gets to

"Rule the Roost!"

13 posted on 08/01/2006 10:19:10 AM PDT by Young Werther
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To: NormsRevenge

Once again.....the 9th Circus Court continues to back up to its constituents on the Left Coast.Too much pain to in the ol' quester to honestly interpret the Constitution as written. Evidently, there's a complete deflation of the warm-fuzzies when opposing views are stated by Conservatives.


14 posted on 08/01/2006 10:23:57 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: NormsRevenge
including the right of a historically persecuted minority to be free from psychological attacks that cause young people to question their self-worth.

Huh? Did the SC really say this?

15 posted on 08/01/2006 10:30:40 AM PDT by VeniVidiVici (Rabid ethnicist.)
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To: VeniVidiVici

At least a simple majority of the members of the panel apparently do..

Is growing up tougher today than it ever was?

I don't know, maybe for some. I don't know if I'd want a Judge refereeing every action or activity I might be involved in during my life tho, this is awful close.


16 posted on 08/01/2006 10:34:32 AM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: Frank_2001
Since when is THAT a "right"?

It's in the Constitution, in the same place as partial-birth abortion and sodomy, two rights dear to the heart of the Founding Fathers.

17 posted on 08/01/2006 12:32:30 PM PDT by madprof98
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To: NormsRevenge
The court said schools can prohibit students from displaying messages that attack gays or other persecuted minorities.

I'd like to see federal judges become a "persecuted minority."

18 posted on 08/01/2006 12:39:17 PM PDT by madprof98
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To: NormsRevenge

This should not be an issue, because kids should be wearing blue or tan slacks and white or blue shirts, with brown or black shoes and matching socks only. Girls can wear pants or dresses or shirts and blouses of the same colors, with a hemline below the knee.

It's not that I'm being puritanical. Schools have become social events and political commentary centers. Removing as many of these distractions from education is the best solution. Students should arrive at school dressed in a professional manner out of respect for the education they are blessed to be receiving.

Get rid of all this nonsense, it doesn't belong in public schools.


19 posted on 08/01/2006 3:05:26 PM PDT by monkeyshine
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To: jwalburg

:-)


20 posted on 08/01/2006 3:06:17 PM PDT by monkeyshine
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