Texas’s policy fails to distinguish itself from past Texas schemes rejected by courts, and it fails to pass muster under the Establishment Clause precedent of the Fifth Circuit and the Supreme Court. Perry’s personal conduct is even more out of bounds. In his advocacy of a purportedly neutral piece of legislation in such sectarian terms, he has crossed the line between accommodation of religion and active advocacy — and it is not the first time the governor has done so.
Post Tagged with: "School Speech"
CR-CL Podcast – Episode 11 – Identity-Affirming School Speech and the Crack-Cocaine Sentencing Disparity
Noah interviews Professor Ari Ezra Waldman about students’ right to speak affirmingly about sexual orientation, same-sex marriage, and gay identity in schools. Noah and Matt discuss the retroactivity of the Fair Sentencing Act, passed to address the disparity between federal sentences for crack and powder cocaine possession, how that disparity came about, and whether even the lessened disparity is justified.
As a legal matter, the ruling is in keeping with courts’ increasingly deferential interpretations of the standards governing school regulation of student speech. Perhaps more so than other recent school speech cases, however, it helps illustrate one of the most problematic aspects of the Supreme Court’s dominant Tinker framework—the possibility that schools can engage in viewpoint discrimination or allow a “heckler’s veto” by suppressing unpopular viewpoints to avoid unpleasantness.
Yesterday, the Sixth Circuit handed down a decision upholding a Tennessee school’s ban on sporting Confederate flag-emblazoned clothing. The plaintiff, a student named William Defoe, claimed that his First Amendment rights were violated when he was sent home and suspended for insubordination for wearing a Confederate flag-emblazoned T-shirt and belt [...]