Bill's Notes

[Bill, May 25, 2007]
Goodbye to free speech?
Read this. I can't seem to get the whole story here, namely, what exactly the charges are. In the earlier AP story, the girls here were charged with felonies.

Are the students actually charged with a felony for the content of the fliers they were distributing? Or were they charged with disorderly conduct, which by the way, would be a nice end-run around the Constitution? Usually distribution of printed materials gets broad protection.

Hate crimes laws are, of course, an abomination and unnecessary. It's an attempt to create a category of thought crime. Prosecute the girls for their actual behavior, and not for the content of their minds.
Super G (www):
I disagree with hate crime legislation, but I also don't think a school can tolerate students handing out fliers at schools that condemn or endanger other students. There isn't enough detail here to know what is really going on ... though on the surface the charges seem out of scope with the action.

I'm not sure that you can really have the same free speech at a school as you have to tolerate in a wider society and maintain order. For one thing, most students aren't legally recognized as adults, aren't as mature as adults, and some level of discipline is required.

In general, I share your high opinion of hate crime laws --- as probably the majority of your readers do.
5.25.2007 11:03am
Bill (mail) (www):
SuperG: I agree, especially with the school stuff. The school certainly has a right to restrict speech ... heck, that's what school is for!

In some cases, you can commit crimes while breaking school rules. There could be a defamation case here, or even civil libel. Certainly disorderly conduct. But posting a nasty flyer ain't no felony.
5.25.2007 1:36pm

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