| Topic: |
Religions > Atheism |
| User: |
"Tough Tonto" |
| Date: |
25 Jun 2007 06:37:36 PM |
| Object: |
Bong hits, Jesus, and Bush's court |
Here we go, folks. The Bush-picked SCOTUS is commencing its war on the
Constitution. It has declared that high school kids are denied free speech,
but it's okay to beguile young minds by promoting Jesus. It's handed two
decisions down today: One allowing that our taxes go to religious
institutions (that faith based crap) and another forbidding a school boy
from showing a humorous and harmless banner with "Bong Hits 4 Jesus".
Where's the outrage? How long are atheists and other reasonable people
going to put up with such obvious religious favoritism in the court?
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| User: "No 33 Secretary" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 06:41:15 PM |
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"Tough Tonto" <Chemo@subby.com> wrote in
news:4lYfi.5259$9b5.3426@trndny05:
Here we go, folks. The Bush-picked SCOTUS is commencing its
war on the
Constitution. It has declared that high school kids are denied
free speech, but it's okay to beguile young minds by promoting
Jesus. It's handed two decisions down today: One allowing that
our taxes go to religious institutions (that faith based crap)
and another forbidding a school boy from showing a humorous and
harmless banner with "Bong Hits 4 Jesus".
Not really, not. In fact, that's not what the said at all. It's a
disagreeable decision, but misreporting it that badly makes them look
smart.
--
"What is the first law?"
"To Protect."
"And the second?"
"Ourselves."
Terry Austin
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
27 Jun 2007 05:43:31 PM |
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"Tough Tonto" <Chemo@subby.com> wrote in message
news:4lYfi.5259$9b5.3426@trndny05...
Here we go, folks. The Bush-picked SCOTUS is commencing its war on the
Constitution. It has declared that high school kids are denied free
speech,
but it's okay to beguile young minds by promoting Jesus. It's handed two
decisions down today: One allowing that our taxes go to religious
institutions (that faith based crap) and another forbidding a school boy
from showing a humorous and harmless banner with "Bong Hits 4 Jesus".
Where's the outrage? How long are atheists and other reasonable people
going to put up with such obvious religious favoritism in the court?
Children don't have free speech rights. Not at home and not at school,
which acts in parentis locus.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
27 Jun 2007 06:34:10 PM |
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Fester wrote:
Children don't have free speech rights. Not at home and not at school,
which acts in parentis locus.
If that were true, they wouldn't have freedom of/from religion rights
at school either. Schools could teach children that Jesus died for
their sins and discipline them for disagreeing with no constitutional
problems. Do you *really* believe that?
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
28 Jun 2007 05:06:00 AM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1182987250.899328.132580@m37g2000prh.googlegroups.com...
Fester wrote:
Children don't have free speech rights. Not at home and not at school,
which acts in parentis locus.
If that were true, they wouldn't have freedom of/from religion rights
at school either.
They don't have the right to say prayers, over the intercom or at
graduations, for example.
Schools could teach children that Jesus died for
their sins and discipline them for disagreeing with no constitutional
problems. Do you *really* believe that?
No, because even though the kids are lacking the rights to freely exercise
religion at school, the school may not "establish" religion.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
28 Jun 2007 03:22:02 PM |
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On Jun 28, 3:06 am, "Fester" <n...@home.com> wrote:
No, because even though the kids are lacking the rights to freely exercise
religion at school, the school may not "establish" religion.
Just as the school may not suppress speech based on its content. The
restriction that prohibits schools from establishing religion is the
same as the one that prohibits them from suppressing speech.
Any argument that first amendment rights don't extend into the
classroom and therefore schools have the power to suppress speech
based on their content, even though the first amendment normally
denies them that right could equally argue that they have the power to
establish religion, even though the first amendment normally denies
them that power.
It is an error to say that establishing religion is somehow active and
that regulating speech is somehow passive. They are both equally
active. Both of these are rights against government action that can
only be violated by government action.
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
28 Jun 2007 04:57:01 PM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183062122.125073.247990@a26g2000pre.googlegroups.com...
On Jun 28, 3:06 am, "Fester" <n...@home.com> wrote:
No, because even though the kids are lacking the rights to freely
exercise
religion at school, the school may not "establish" religion.
Just as the school may not suppress speech based on its content. The
restriction that prohibits schools from establishing religion is the
same as the one that prohibits them from suppressing speech.
It's the same amendment, but it's a very different matter. The 1st
disallows establishment of religion by the government, period. The 1st
Amendment grants free exercise and religion to citizens. However, the
courts have held that minors cannot be held responsbile for their actions
and may therefore be denied the freedoms that adults enjoy.
Any argument that first amendment rights don't extend into the
classroom and therefore schools have the power to suppress speech
based on their content, even though the first amendment normally
denies them that right could equally argue that they have the power to
establish religion, even though the first amendment normally denies
them that power.
You're just repeating your 1st paragraph here.
It is an error to say that establishing religion is somehow active and
that regulating speech is somehow passive. They are both equally
active. Both of these are rights against government action that can
only be violated by government action.
Who said anything about either one being passive or active? Government may
not establish religion. Children are not entitled to the freedoms of adults
and government (and parents) may curtail their rights as appropriate, get
it? Parents may establish religion for their own children, but government
may not.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
29 Jun 2007 02:43:16 PM |
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On Jun 28, 2:57 pm, "Fester" <n...@home.com> wrote:
It's the same amendment, but it's a very different matter. The 1st
disallows establishment of religion by the government, period. The 1st
Amendment grants free exercise and religion to citizens. However, the
courts have held that minors cannot be held responsbile for their actions
and may therefore be denied the freedoms that adults enjoy.
Right, but that doesn't include being denied the freedom from
government establishment of religion. It does include the freedom from
suppression of speech based on content.
Both of these are freedoms *from* particular government actions, which
means that are limitations on what government actors can do. If you
did accept the "no first amendment in the classroom" argument or the
"school officials can act in loco parentis for first amendment
purposes", then it *would* extent to the freedom from government
establishment of religion.
That's one of the reasons courts consistently reject those two
arguments.
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
29 Jun 2007 05:40:33 PM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183146196.039291.70170@n2g2000hse.googlegroups.com...
On Jun 28, 2:57 pm, "Fester" <n...@home.com> wrote:
It's the same amendment, but it's a very different matter. The 1st
disallows establishment of religion by the government, period. The 1st
Amendment grants free exercise and religion to citizens. However, the
courts have held that minors cannot be held responsbile for their actions
and may therefore be denied the freedoms that adults enjoy.
Right, but that doesn't include being denied the freedom from
government establishment of religion. It does include the freedom from
suppression of speech based on content.
Both of these are freedoms *from* particular government actions, which
means that are limitations on what government actors can do.
As are all of our rights. Rights are the residue of government authority.
If you
did accept the "no first amendment in the classroom" argument or the
"school officials can act in loco parentis for first amendment
purposes", then it *would* extent to the freedom from government
establishment of religion.
No, because it is not necessary to establish religion to perform the mission
of our public schools. OTOH, it IS necessary to restrict speech, privacy
and certain other rights that adults enjoy.
That's one of the reasons courts consistently reject those two
arguments.
Courts are often wrong. In fact, you are arguing right now that they got it
wrong.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
29 Jun 2007 09:13:46 PM |
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On Jun 29, 3:40 pm, "Fester" <n...@home.com> wrote:
If you
did accept the "no first amendment in the classroom" argument or the
"school officials can act in loco parentis for first amendment
purposes", then it *would* extent to the freedom from government
establishment of religion.
No, because it is not necessary to establish religion to perform the mission
of our public schools. OTOH, it IS necessary to restrict speech, privacy
and certain other rights that adults enjoy.
Did you not see the big "if" up there? Yes, I accept the "it's
necessary to restrict speech based on content but not establish
religion" argument. I reject the "in loco parentis" and "no first
amendment in the classroom" arguments.
That's one of the reasons courts consistently reject those two
arguments.
Courts are often wrong. In fact, you are arguing right now that they got it
wrong.
No, they got it right. They rejected the "in loco parentis" and "no
first amendment in the classroom" arguments. While both of these
arguments were presented, none of them got a majority to sign onto
them. (Read the fist concurrence and do some counting.)
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
30 Jun 2007 04:51:25 AM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183169626.407729.87570@a26g2000pre.googlegroups.com...
On Jun 29, 3:40 pm, "Fester" <n...@home.com> wrote:
If you
did accept the "no first amendment in the classroom" argument or the
"school officials can act in loco parentis for first amendment
purposes", then it *would* extent to the freedom from government
establishment of religion.
No, because it is not necessary to establish religion to perform the
mission
of our public schools. OTOH, it IS necessary to restrict speech, privacy
and certain other rights that adults enjoy.
Did you not see the big "if" up there? Yes, I accept the "it's
necessary to restrict speech based on content but not establish
religion" argument. I reject the "in loco parentis" and "no first
amendment in the classroom" arguments.
I was resolving the conditional by declaring that I do suuport the premise.
You reject the in parentis locus argument, I don't. But tell me, if the
school is not acting in parentis locus then you are telling me that schools
are forcing children away from their homes without parental supervision. If
the school cannot act with the authority of the children's parents then are
not the children free to do whatever they want at school without
consequence.
That's one of the reasons courts consistently reject those two
arguments.
Courts are often wrong. In fact, you are arguing right now that they got
it
wrong.
No, they got it right. They rejected the "in loco parentis" and "no
first amendment in the classroom" arguments. While both of these
arguments were presented, none of them got a majority to sign onto
them. (Read the fist concurrence and do some counting.)
You object to the entire ruling, and I object to that part of it (and not
just that part, but that part is relevant to this discussion).
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| User: "James Norris" |
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| Title: Design for a Conscious Mechanoid |
30 Jun 2007 04:53:40 AM |
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On Jun 30, 10:51?am, "Fester" <n...@home.com> wrote:
"David Schwartz" <dav...@webmaster.com> wrote in message
news:1183169626.407729.87570@a26g2000pre.googlegroups.com...
On Jun 29, 3:40 pm, "Fester" <n...@home.com> wrote:
If you
did accept the "no first amendment in the classroom" argument or the
"school officials can act in loco parentis for first amendment
purposes", then it *would* extent to the freedom from government
establishment of religion.
No, because it is not necessary to establish religion to perform the
mission
of our public schools. OTOH, it IS necessary to restrict speech, privacy
and certain other rights that adults enjoy.
Did you not see the big "if" up there? Yes, I accept the "it's
necessary to restrict speech based on content but not establish
religion" argument. I reject the "in loco parentis" and "no first
amendment in the classroom" arguments.
I was resolving the conditional by declaring that I do suuport the premise.
You reject the in parentis locus argument, I don't. But tell me, if the
school is not acting in parentis locus then you are telling me that schools
are forcing children away from their homes without parental supervision. If
the school cannot act with the authority of the children's parents then are
not the children free to do whatever they want at school without
consequence.
That's one of the reasons courts consistently reject those two
arguments.
Courts are often wrong. In fact, you are arguing right now that they got
it
wrong.
No, they got it right. They rejected the "in loco parentis" and "no
first amendment in the classroom" arguments. While both of these
arguments were presented, none of them got a majority to sign onto
them. (Read the fist concurrence and do some counting.)
You object to the entire ruling, and I object to that part of it (and not
just that part, but that part is relevant to this discussion).- Hide quoted text -
- Show quoted text -
On Jun 30, 4:26 am, James Norris <JimNorri...@aol.com> wrote:
On Jun 30, 3:25?am, someone2 <glenn.spig...@btinternet.com> wrote:
On Jun 30, 1:55 am, James Norris <JimNorri...@aol.com> wrote:
Design for a Conscious Mechanoid
[Just to deter the predictable 'define what you mean by conscious'
posting: 'Conscious' means 'aware of reality' - a human being is
conscious, but a piece of paper is not conscious. If there is still a
problem with understanding the word 'conscious', try using a
dictionary.]
Start off with millions of identical ordinary (non-conscious) robots.
Each robot is pre-programmed to collect things from the environment at
random (twigs, elastic bands, teadcups, wheels, orange peel etc), and
incorporate them into itself, gradually replacing all its original
component parts as it does so. Now let the robots free to interact
with the environment, and watch what happens.
Most of the robots would cease to function quite rapidly, of course.
They might replace one of their vital components (the computer
program, for example), with a piece of orange peel and immediately
stop working permanently. Some might continue to function for quite a
while, making meaningless minor alterations to their original
structure, without affecting their basic operation as a programmed
mechanical device, which we knew to be non-conscious. We can ignore
robots which have replaced themselves with biological material which
was already conscious, because that is obviously not what we are
interested in.
The robots we are interested in are those which manage to replace all
their constituent components, including their original computer
hardware and software, but are still functioning. They, like
ourselves, have been created out of material from the environment, so
they might be conscious, as we are.
A certain amount of complexity is required for consciousness, and this
could be provided, for example, by using the twigs to twang the
elastic bands - the vibrational properties of the elastic bands could
easily carry any complexity necessary for the occurrence of thought.
For that to happen by chance is extremely unlikely of course, as is
the likelihood of millions of monkeys randomly operating typewriters
producing the occasional Shakespeare sonnet by chance, but if you left
them long enough, they would eventually do it!
Consciousness is a subjective experience, so there is no way of
determining whether or not anything or anybody is conscious. In the
design above, the construction allows the possibility that
consciousness might occur in a device which was originally non-
conscious. The random self-modifying behaviour may have led to a
wheeled mechanism made out of orange peel, teacups and elastic bands
held together with bits of wood, with its understanding of reality
contained in the vibrational processes occurring in the twig-twanged
elastic bands, which wanders around in the natural environment
apparently decorating itself with the bits of garbage it picks up.
Perhaps the device has improved on its original design and is now
conscious? At any rate, it certainly wouldn't be less conscious than
it was to begin with.
James Norris
I read your thread. Was it a satirical portrayal of atheist
"reasoning"?
No, it was a design for a conscious entity, neither biological nor
computer-based.
I especially liked the bit:
"A certain amount of complexity is required for consciousness, and
this could be provided, for example, by using the twigs to twang the
elastic bands - the vibrational properties of the elastic bands could
easily carry any complexity necessary for the occurrence of thought."
You could imagine atheists setting themselves up as authorities on
which tunes played on a guitar gave rise to consciousness, and whether
one string, or all the strings, or the whole guitar had the
experiences. They could debate on to what extent they could
anthropomorphise the conscious experience a certain song gave.
The notion of vibrations carrying information was an example of how
the necessary complexity for 'thoughts' might arise in the mechanism.
I understand from your earlier postings that you believe that human
beings have a non-physical 'soul', so I'm not sure why you think my
suggestion is so laughable.
Though the part where you said, "consciousness is a subjective
experience, so there is no way of determining whether or not anything
or anybody is conscious", did illustrate that from an atheist
perspective there would be no experimental difference expected whether
something was or wasn't consciously experiencing, which is something a
few of them here are having problems coming to terms with.
I don't know why you pick on atheists in particular as having a
problem with the unverifiability of subjective experiences, but
anyway, perhaps many of us do - I personally don't.
Still, very amusing, assuming of course you weren't being serious, and
an absolute nutter.
An absolute nutter in your opinion might be someone who believed that
they had four souls, rather than just the one, I suppose.
The Design for a Conscious Mechanoid is quite serious - a hypothetical
example of how a constructed 'mechanical' (ie non-biological) being
might be conscious. I'm not suggesting that it would ever work in
reality, any more than that a million monkeys typing on a million
typewriters for a million years to produce the works of Shakespeare
would ever work in reality. The example draws attention to the
salient aspects of an interesting question. I'm glad you found it
amusing though. I always try to make my postings interesting and
memorable, and humour is a well-known didactic tool.
The problem with no experimental difference expected whether something
was or wasn't consciously experiencing, is that it means whether it
was or wasn't, couldn't be thought to influence behaviour. If that was
the case, it would have to be a coincidence that our behaviour
expressed the conscious experiences we actually have (it couldn't have
been influenced by their existance).
You are trying to discuss consciousness using behavioural concepts.
The behavioural understanding of the psyche has little to say about
consciousness - the brain reacts to external stimuli and produces
behaviour in the organism, which is studied to give an understanding
of the workings of the brain. Cognitive models of consciousness,
which you should look into as they might help you express your
argument, are inside-out compared to the behavioural viewpoint. The
'mind' (which is believed to exist because of processes occurring in
the brain) is considered as an Ego, with Superego, Id and various
other paraphernalia, and these all contribute to goal-directed
behaviour caused by subjective 'needs' which the conscious being tries
to satisfy.
Anyway, interesting post. So have you any thoughts on which tunes
played on a guitar might be give rise to, the string(s) or the guitar
thinking? Any thoughts on what those thoughts might be? I ask you, as
I guess you would be the closest thing to a world authority on the
concept, or have you got competition?
No, you haven't really grasped the point about the vibrations in the
example. I was just pointing out that a certain amount of complexity
is required for consciousness, so complexity is needed somewhere in
the mechanoid. Vibrating systems can contain information of arbitrary
complexity - they don't have to be made out of physical elastic
bands. Vibrations occur in strings in general, these could be the
theoretical strings of string-theory, or hair-like cilia made from
millions of tiny pinheads all oscillating in a plasma field, if you
think elastic bands are too primitive a device to be worth
considering. Some people think that Mobius strips are weirdly clever
- perhaps if millions of elastic bands were Mobius strips interacting
in a complex 3-d lattice, with carefully placed twigs and twiglets to
provide the necessary resonance and feedback effects, it would be
rather more likely to have the necessary complexity for conscious
awareness of reality, than using just the one guitar string that you
suggest?
Discuss.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
01 Jul 2007 07:37:53 PM |
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On Jun 30, 2:51 am, "Fester" <n...@home.com> wrote:
I was resolving the conditional by declaring that I do suuport the premise.
You reject the in parentis locus argument, I don't. But tell me, if the
school is not acting in parentis locus then you are telling me that schools
are forcing children away from their homes without parental supervision. If
the school cannot act with the authority of the children's parents then are
not the children free to do whatever they want at school without
consequence.
They do so with the authority of the state. It is a ridiculous fiction
to argue that public schools, which parents are forced to send their
children to, act with the authority of those parents.
If public schools can restrict speech based on content, it's because
public schools are one of those situations when the government can
restrict speech based on content. It is not because their parents can
restrict their speech.
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
02 Jul 2007 04:18:46 AM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183336673.964624.237810@i38g2000prf.googlegroups.com...
On Jun 30, 2:51 am, "Fester" <n...@home.com> wrote:
I was resolving the conditional by declaring that I do suuport the
premise.
You reject the in parentis locus argument, I don't. But tell me, if the
school is not acting in parentis locus then you are telling me that
schools
are forcing children away from their homes without parental supervision.
If
the school cannot act with the authority of the children's parents then
are
not the children free to do whatever they want at school without
consequence.
They do so with the authority of the state. It is a ridiculous fiction
to argue that public schools, which parents are forced to send their
children to, act with the authority of those parents.
If public schools can restrict speech based on content, it's because
public schools are one of those situations when the government can
restrict speech based on content. It is not because their parents can
restrict their speech.
The fiction is to imagine that children are free to do what they want when
their parents are not present. In Roper v Simmons the court ruled that a 17
yo was not fully culpable for a heinous murder because of his age. It
follows that if a person cannot be held responsible for his actions, then
his actions must be supervised to prevent him from harming himself and
others. The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy. Since parents
entrust their children to the school, the school must assume both the
authority and responsibility of restraining the children's freedom while
they are in the school's care.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
02 Jul 2007 05:12:37 AM |
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On Jul 2, 2:18 am, "Fester" <n...@home.com> wrote:
The fiction is to imagine that children are free to do what they want when
their parents are not present.
Nobody imagines that.
In Roper v Simmons the court ruled that a 17
yo was not fully culpable for a heinous murder because of his age.
For good reasons. Suppose there was somebody that I simply could not
stand -- if I saw them again, I don't know what I might do. I have
lots of options. For example, I can move to the other side of the
country. A 17 year old does not have those options.
It
follows that if a person cannot be held responsible for his actions, then
his actions must be supervised to prevent him from harming himself and
others.
I don't see how that follows, and it's easy to create examples where
that's not the case. But in any event, yes, certainly young children
have to be supervised.
The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy.
This is a right that belongs exclusively to their parents and those
they authorize. You cannot exert such control over someone else's
child except in cases where there is immediate risk of harm.
Since parents
entrust their children to the school, the school must assume both the
authority and responsibility of restraining the children's freedom while
they are in the school's care.
This would be true for private schools, where parents do in fact
freely choose to entrust their children in the school's care and have
a choice of schools. But it is not true for public schools, where
parents are compelled by law to send their children and where they
generally have no choice at all.
This is why courts, including the Supreme Court in this case, have
*refused* to hold that state actors act on behalf of their parents.
That public school attendance can be compelled means that state actors
can compel children in ways they cannot compel adults.
This is not just in the school context but they can also be prohibited
from entering into binding contracts, joining the military, drinking
alcohol, consenting to sex, and so on. Nobody imagines that most of
these are anything but an exercise of state power by state agents, and
it is an error to assume that school suppression of speech or
establishment of religion would be anything else.
Again, courts consistently reject the argument that government agents
can act in loco parentis except in very limited circumstances where
the government actually is the effective parent (for example, where
the government has custody).
If you did accept the loco parentis argument, it is inescapable that
public schools could teach children that Jesus died for their sins and
could punish them if they disagreed. Parents can do this, so if
schools are in loco parentis, they can too.
Similarly, all that stops public schools from establishing religion is
the first amendment, so if there's no first amendment, schools can
teach that Jesus dies for our sins just as they can teach anything
else.
Again, this is why courts consistently reject these two utterly absurd
arguments. Public school attendance is compelled by state power.
Public school employees are state agents.
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
02 Jul 2007 04:47:36 PM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183371157.320038.174740@i13g2000prf.googlegroups.com...
On Jul 2, 2:18 am, "Fester" <n...@home.com> wrote:
The fiction is to imagine that children are free to do what they want
when
their parents are not present.
Nobody imagines that.
In Roper v Simmons the court ruled that a 17
yo was not fully culpable for a heinous murder because of his age.
For good reasons. Suppose there was somebody that I simply could not
stand -- if I saw them again, I don't know what I might do. I have
lots of options. For example, I can move to the other side of the
country. A 17 year old does not have those options.
It
follows that if a person cannot be held responsible for his actions, then
his actions must be supervised to prevent him from harming himself and
others.
I don't see how that follows, and it's easy to create examples where
that's not the case. But in any event, yes, certainly young children
have to be supervised.
The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy.
This is a right that belongs exclusively to their parents and those
they authorize. You cannot exert such control over someone else's
child except in cases where there is immediate risk of harm.
Since parents
entrust their children to the school, the school must assume both the
authority and responsibility of restraining the children's freedom while
they are in the school's care.
This would be true for private schools, where parents do in fact
freely choose to entrust their children in the school's care and have
a choice of schools. But it is not true for public schools, where
parents are compelled by law to send their children and where they
generally have no choice at all.
This is why courts, including the Supreme Court in this case, have
*refused* to hold that state actors act on behalf of their parents.
That public school attendance can be compelled means that state actors
can compel children in ways they cannot compel adults.
This is not just in the school context but they can also be prohibited
from entering into binding contracts, joining the military, drinking
alcohol, consenting to sex, and so on. Nobody imagines that most of
these are anything but an exercise of state power by state agents, and
it is an error to assume that school suppression of speech or
establishment of religion would be anything else.
Again, courts consistently reject the argument that government agents
can act in loco parentis except in very limited circumstances where
the government actually is the effective parent (for example, where
the government has custody).
If you did accept the loco parentis argument, it is inescapable that
public schools could teach children that Jesus died for their sins and
could punish them if they disagreed. Parents can do this, so if
schools are in loco parentis, they can too.
Similarly, all that stops public schools from establishing religion is
the first amendment, so if there's no first amendment, schools can
teach that Jesus dies for our sins just as they can teach anything
else.
Again, this is why courts consistently reject these two utterly absurd
arguments. Public school attendance is compelled by state power.
Public school employees are state agents.
On your claims of "in parentis locus" being ruled out by the courts:
http://en.wikipedia.org/wiki/In_loco_parentis
<quote>
The first major limitation to this came in the U.S. Supreme Court case West
Virginia State Board of Education v. Barnette (1942), in which the court
ruled that students cannot be forced to salute the American flag. More
prominent change came in the 1960s and 1970s in such cases as Tinker v. Des
Moines Independent Community School District (1969), when the Supreme Court
decided that "conduct by the student, in class or out of it, which for any
reason - whether it stems from time, place, or type of behavior - materially
disrupts classwork or involves substantial disorder or invasion of the
rights of others is, of course, not immunized by the constitutional
guarantee of freedom of speech."
Many provisions of in loco parentis have been upheld over time. New Jersey
v. T.L.O. (1985) upheld the search of lockers and other personal space while
on school property, indicating that students are not afforded the same
rights as adults in other settings and stating that while acting in loco
parentis, school officials are still representatives of the state. In
Hazelwood School District v. Kuhlmeier (1987) the Supreme Court similarly
ruled that "First Amendment rights of students in the public schools are not
automatically coextensive with the rights of adults in other settings, and
must be applied in light of the special characteristics of the school
environment" and schools may censor school-sponsored publications (such as a
school newspaper) if content is "...inconsistent with its basic educational
mission." Other student issues, such as school dress codes, have not yet
been tested in the Supreme Court.
</quote>
So it is a viable legal basis for a host of actions by the school. There
are limitations to how far it extends, but I never said otherwise, unlike
yourself who issued a blanket statement that is clearly wrong.
.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
03 Jul 2007 01:10:53 AM |
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On Jul 2, 2:47 pm, "Fester" <n...@home.com> wrote:
Many provisions of in loco parentis have been upheld over time. New Jersey
v. T.L.O. (1985) upheld the search of lockers and other personal space while
on school property, indicating that students are not afforded the same
rights as adults in other settings and stating that while acting in loco
parentis, school officials are still representatives of the state.
Then why can't they establish religion, just as parents can? If they
can suppress speech based on content, a power they normally don't have
as representatives of the state, why can't they establish religion?
The answer is that when they say "still representatives of the state"
they really mean "we were just kidding when we said they could act in
loco parentis".
Tell me, can schools still search the lockers and other personal space
of the students even if their parents send the schools a notice saying
they do not consent to any such searches? Is this consistent with loco
parentis being the source of their authority?
In
Hazelwood School District v. Kuhlmeier (1987) the Supreme Court similarly
ruled that "First Amendment rights of students in the public schools are not
automatically coextensive with the rights of adults in other settings, and
must be applied in light of the special characteristics of the school
environment" and schools may censor school-sponsored publications (such as a
school newspaper) if content is "...inconsistent with its basic educational
mission." Other student issues, such as school dress codes, have not yet
been tested in the Supreme Court.
I'm puzzled how you think this is responsive. This is neither about
"loco parentis" or "no first amendment in the classroom", which are
the two issues I'm addressing.
So it is a viable legal basis for a host of actions by the school. There
are limitations to how far it extends, but I never said otherwise, unlike
yourself who issued a blanket statement that is clearly wrong.
What is a viable legal basis? If it's "loco parentis", why can they
even do things that parents explicitly demand they not do? If it's "no
first amendment in the classroom", why can't they establish religion?
You and I are in violent agreement. You keep changing the arguments
I'm refuting and claiming this somehow disputes my refutation.
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
03 Jul 2007 05:26:59 AM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183443053.123811.10740@e9g2000prf.googlegroups.com...
On Jul 2, 2:47 pm, "Fester" <n...@home.com> wrote:
Many provisions of in loco parentis have been upheld over time. New
Jersey
v. T.L.O. (1985) upheld the search of lockers and other personal space
while
on school property, indicating that students are not afforded the same
rights as adults in other settings and stating that while acting in loco
parentis, school officials are still representatives of the state.
Then why can't they establish religion, just as parents can? If they
can suppress speech based on content, a power they normally don't have
as representatives of the state, why can't they establish religion?
The answer is that when they say "still representatives of the state"
they really mean "we were just kidding when we said they could act in
loco parentis".
Tell me, can schools still search the lockers and other personal space
of the students even if their parents send the schools a notice saying
they do not consent to any such searches? Is this consistent with loco
parentis being the source of their authority?
In
Hazelwood School District v. Kuhlmeier (1987) the Supreme Court similarly
ruled that "First Amendment rights of students in the public schools are
not
automatically coextensive with the rights of adults in other settings,
and
must be applied in light of the special characteristics of the school
environment" and schools may censor school-sponsored publications (such
as a
school newspaper) if content is "...inconsistent with its basic
educational
mission." Other student issues, such as school dress codes, have not yet
been tested in the Supreme Court.
I'm puzzled how you think this is responsive. This is neither about
"loco parentis" or "no first amendment in the classroom", which are
the two issues I'm addressing.
So it is a viable legal basis for a host of actions by the school. There
are limitations to how far it extends, but I never said otherwise, unlike
yourself who issued a blanket statement that is clearly wrong.
What is a viable legal basis? If it's "loco parentis", why can they
even do things that parents explicitly demand they not do? If it's "no
first amendment in the classroom", why can't they establish religion?
You and I are in violent agreement. You keep changing the arguments
I'm refuting and claiming this somehow disputes my refutation.
I don't think so. The schools do function in loco parentis (I managed to
mangle the Latin a little bit before looking it up on the web), but do not
have the full authority of a parent. Let me be explicit. Children do not
have full Constitutional rights. Parents are entitle to abridge their
speech, may establish religion for them, may determine with whom they
associate, may detain them, may search them and their belongings, etc.
Parents are obligated to see to their care and safety. Many of the same
conditions apply to the schools, when the children are in the custody of the
school, but some aren't. The school may not establish religion, but the
school may to varying extents abridge speech, privacy and association for
example. The Scholl is also obligated to see to the care and safety of the
child while it is in their custody. Sadly, the courts have not provided
clear guidance on the extent to which they may abridge those freedoms. That
is why we have such silly rulings as the "Bong Hits" case, where they say
the school may limit drug advocacy and other specific forms of speech and
not others. The court is providing piecemeal and arbitrary guidance which
is a recipe only for continued litigation to test the arbitrary limits of
each form of speech.
.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
03 Jul 2007 05:41:53 AM |
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Fester wrote:
You and I are in violent agreement. You keep changing the arguments
I'm refuting and claiming this somehow disputes my refutation.
I don't think so. The schools do function in loco parentis (I managed to
mangle the Latin a little bit before looking it up on the web), but do not
have the full authority of a parent. Let me be explicit. Children do not
have full Constitutional rights. Parents are entitle to abridge their
speech, may establish religion for them, may determine with whom they
associate, may detain them, may search them and their belongings, etc.
Parents are obligated to see to their care and safety. Many of the same
conditions apply to the schools, when the children are in the custody of the
school, but some aren't. The school may not establish religion, but the
school may to varying extents abridge speech, privacy and association for
example. The Scholl is also obligated to see to the care and safety of the
child while it is in their custody. Sadly, the courts have not provided
clear guidance on the extent to which they may abridge those freedoms. That
is why we have such silly rulings as the "Bong Hits" case, where they say
the school may limit drug advocacy and other specific forms of speech and
not others. The court is providing piecemeal and arbitrary guidance which
is a recipe only for continued litigation to test the arbitrary limits of
each form of speech.
Again, we are in violent agreement. What part of this do you think I
disagree with?
We obviously agree that "no first amendment rights in the classroom"
is nonsense. Otherwise, there would be no reason teachers couldn't
teach that Jesus died for our sins. Only the first amendment stops
them from doing that. Similarly, there would be no reason they
couldn't ban the wearing of black armbands as political speech. That
was clearly a first amendment decision.
I think we should also agree that schools are not in loco parentis for
first amendment purposes. If they were, they would have the same
rights the children's parents do. But they don't, since the parents
can teach the children that Jesus died for their sins and the schools
can't. (If they were, why would any restrictions on speech in school
ever be overturned? How can you explain Tinker if schools are in loco
parentis for first amendment purposes?)
When (modern) courts say that schools are in loco parentis in first
amendment cases, they are just paying lip service. They then go on to
perform balancing tests that would make no sense if the schools really
were in loco parentis. (Parents don't have to balance the speech
restrictions they place on their children against other things.)
DS
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| User: "Fester" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
02 Jul 2007 04:29:44 PM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1183371157.320038.174740@i13g2000prf.googlegroups.com...
On Jul 2, 2:18 am, "Fester" <n...@home.com> wrote:
The fiction is to imagine that children are free to do what they want
when
their parents are not present.
Nobody imagines that.
In Roper v Simmons the court ruled that a 17
yo was not fully culpable for a heinous murder because of his age.
For good reasons. Suppose there was somebody that I simply could not
stand -- if I saw them again, I don't know what I might do. I have
lots of options. For example, I can move to the other side of the
country. A 17 year old does not have those options.
Not only si that pure malarky, but it is netirely divorcded form teh reasons
the court gave. Teh court essentially provided 3 ways in wchich lack of
maturity led them to their conclusion (and a terrible one at that).
It
follows that if a person cannot be held responsible for his actions, then
his actions must be supervised to prevent him from harming himself and
others.
I don't see how that follows, and it's easy to create examples where
that's not the case. But in any event, yes, certainly young children
have to be supervised.
Do tell, then you should have no problem providing such an "easy" example.
The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy.
This is a right that belongs exclusively to their parents and those
they authorize. You cannot exert such control over someone else's
child except in cases where there is immediate risk of harm.
By sending them to public school, authorization is given.
Since parents
entrust their children to the school, the school must assume both the
authority and responsibility of restraining the children's freedom while
they are in the school's care.
This would be true for private schools, where parents do in fact
freely choose to entrust their children in the school's care and have
a choice of schools. But it is not true for public schools, where
parents are compelled by law to send their children and where they
generally have no choice at all.
In fact it is true. It's also reason number 97 for privatizing education.
This is why courts, including the Supreme Court in this case, have
*refused* to hold that state actors act on behalf of their parents.
That public school attendance can be compelled means that state actors
can compel children in ways they cannot compel adults.
But they can and they do compel children in ways that they cannot comple
adults. The schools prohibit students from saying prayers. The schools
have been allowed to suspend students for dressing too provocatively. The
schools have supsended students syaing that homosexuality is evil or wrong.
The list goes on and on as far as speech. The schools are allowd to conduct
drug testing. The scools are allowed to search a student's belongings such
a sbackpacks, etc. Schools have suspended students for kissing. There are
any number of ways that tehy compel students in ways that they could not
compel an adult.
This is not just in the school context but they can also be prohibited
from entering into binding contracts, joining the military, drinking
alcohol, consenting to sex, and so on. Nobody imagines that most of
these are anything but an exercise of state power by state agents, and
it is an error to assume that school suppression of speech or
establishment of religion would be anything else.
And they cannot make those choices because of the maturity factors cited in
Roper.
Again, courts consistently reject the argument that government agents
can act in loco parentis except in very limited circumstances where
the government actually is the effective parent (for example, where
the government has custody).
The courts have been disgracefully inconsistent in their rulings.
If you did accept the loco parentis argument, it is inescapable that
public schools could teach children that Jesus died for their sins and
could punish them if they disagreed. Parents can do this, so if
schools are in loco parentis, they can too.
Sorry, but I put paid to that argument. The schools as an agent of the gov
may not establish religion.
Similarly, all that stops public schools from establishing religion is
the first amendment, so if there's no first amendment, schools can
teach that Jesus dies for our sins just as they can teach anything
else.
The 1st Amendent grants rights taht school children are exempted from. But
I've said this before in response to your same redundant point.
Again, this is why courts consistently reject these two utterly absurd
arguments. Public school attendance is compelled by state power.
Public school employees are state agents.
Which again, is why they may not establish religion. But they may abridge
other rights that adults enjoy, and in fact they do!
.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
03 Jul 2007 01:22:35 AM |
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On Jul 2, 2:29 pm, "Fester" <n...@home.com> wrote:
"David Schwartz" <dav...@webmaster.com> wrote in message
For good reasons. Suppose there was somebody that I simply could not
stand -- if I saw them again, I don't know what I might do. I have
lots of options. For example, I can move to the other side of the
country. A 17 year old does not have those options.
Not only si that pure malarky, but it is netirely divorcded form teh reasons
the court gave. Teh court essentially provided 3 ways in wchich lack of
maturity led them to their conclusion (and a terrible one at that).
I can say that something was done for good reasons even if the stated
reasons are not good. (I'm not saying they weren't. I'm just saying
you aren't disagreeing with my claim that they did so for good
reasons.)
It
follows that if a person cannot be held responsible for his actions, then
his actions must be supervised to prevent him from harming himself and
others.
I don't see how that follows, and it's easy to create examples where
that's not the case. But in any event, yes, certainly young children
have to be supervised.
Do tell, then you should have no problem providing such an "easy" example.
Diplomats cannot be held responsible for their actions because they
have legal immunity. How does it follow that they must be supervised
to prevent them from harming themselves and others?
Suppose we find a defect in the law such that people named 'Fred' with
only three toes on each foot could not be held responsible for their
actions. Would it follow that such people need to be supervised?
In any event, children above a very young age *are* held responsible
for their actions. (Just not by the same system and rules that adults
are.)
The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy.
This is a right that belongs exclusively to their parents and those
they authorize. You cannot exert such control over someone else's
child except in cases where there is immediate risk of harm.
By sending them to public school, authorization is given.
Sorry, doesn't work. You cannot argue that the government can compel
something and then argue that by doing it, you've "consented" to give
away first amendment rights.
This is why courts, including the Supreme Court in this case, have
*refused* to hold that state actors act on behalf of their parents.
That public school attendance can be compelled means that state actors
can compel children in ways they cannot compel adults.
But they can and they do compel children in ways that they cannot comple
adults.
Sort of, but not really. It is true that the specifics differ, but the
types of ways and the rationales are the same. This is because the
"loco parentis" argument is correctly rejected, even if it is paid lip
service.
The schools prohibit students from saying prayers.
Sure, in school. But they can prohibit adults from saying prayers in
other government buildings. So it's not because children are special,
but it's because school is a government-run operation and saying
prayers disrupts its proper function and operation. You can say
prayers non-disruptively, but try saying them out loud at the post
office. And adult can't *organize* prayers at the post office.
The schools
have been allowed to suspend students for dressing too provocatively.
See if an adult can get into the Supreme Court in torn jeans and
without a shirt. This is not because children are special but it's
because a school is like any other government operation.
The
schools have supsended students syaing that homosexuality is evil or wrong.
Try admitting you are gay when you are in the armed forces. Again,
it's not because children are special. It's because the first
amendment rights are subject to balancing tests.
The list goes on and on as far as speech. The schools are allowd to conduct
drug testing.
I believe this is typically true only for athletes, and you *can* opt
out of being an athlete with no legal consequences. This is you best
example so far, and I have to admit I don't know enough about the law
in this regard to give much useful comment.
The scools are allowed to search a student's belongings such
a sbackpacks, etc.
Sure, and every court building is allowed to search you when you
enter. Military bases can search you at any time, even if you're an
adult. Again, schools and children are not particularly special in
this regard.
Schools have suspended students for kissing. There are
any number of ways that tehy compel students in ways that they could not
compel an adult.
You can get kicked out of the armed forces for kissing a person of the
same sex. This is, again, not because children are special but because
first amendment rights are not absolute.
This is not just in the school context but they can also be prohibited
from entering into binding contracts, joining the military, drinking
alcohol, consenting to sex, and so on. Nobody imagines that most of
these are anything but an exercise of state power by state agents, and
it is an error to assume that school suppression of speech or
establishment of religion would be anything else.
And they cannot make those choices because of the maturity factors cited in
Roper.
That I do agree with.
Again, courts consistently reject the argument that government agents
can act in loco parentis except in very limited circumstances where
the government actually is the effective parent (for example, where
the government has custody).
The courts have been disgracefully inconsistent in their rulings.
To some extent true, but most ruling pay lip service to the loco
parentis argument and then reject it entirely and apply balancing
tests.
If you did accept the loco parentis argument, it is inescapable that
public schools could teach children that Jesus died for their sins and
could punish them if they disagreed. Parents can do this, so if
schools are in loco parentis, they can too.
Sorry, but I put paid to that argument. The schools as an agent of the gov
may not establish religion.
So why may they suppress speech based on content? If they're agents of
the government for one purposes, they're agents for the other. The two
prohibitions have precisely the same standing in the first amendment.
Similarly, all that stops public schools from establishing religion is
the first amendment, so if there's no first amendment, schools can
teach that Jesus dies for our sins just as they can teach anything
else.
The 1st Amendent grants rights taht school children are exempted from. But
I've said this before in response to your same redundant point.
If that were true, why wouldn't they be exempt from the right to be
free from government establishment of religion? No answer for the
nineteenth time?!
Again, this is why courts consistently reject these two utterly absurd
arguments. Public school attendance is compelled by state power.
Public school employees are state agents.
Which again, is why they may not establish religion. But they may abridge
other rights that adults enjoy, and in fact they do!
Huh? Are you agreeing with me or not? I agree that they cannot
establish religion, but this is because courts reject the nonsensical
"loco parentis" and "no first amendment in the classroom" arguments
and instead subject first amendment rights to balancing tests just as
they do in other contexts.
DS
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| User: "Fester" |
|
| Title: Re: Bong hits, Jesus, and Bush's court |
03 Jul 2007 05:41:23 AM |
|
|
"David Schwartz" <davids@webmaster.com> wrote in message
news:1183443755.346137.272710@o11g2000prd.googlegroups.com...
On Jul 2, 2:29 pm, "Fester" <n...@home.com> wrote:
"David Schwartz" <dav...@webmaster.com> wrote in message
For good reasons. Suppose there was somebody that I simply could not
stand -- if I saw them again, I don't know what I might do. I have
lots of options. For example, I can move to the other side of the
country. A 17 year old does not have those options.
Not only si that pure malarky, but it is netirely divorcded form teh
reasons
the court gave. Teh court essentially provided 3 ways in wchich lack of
maturity led them to their conclusion (and a terrible one at that).
I can say that something was done for good reasons even if the stated
reasons are not good. (I'm not saying they weren't. I'm just saying
you aren't disagreeing with my claim that they did so for good
reasons.)
It
follows that if a person cannot be held responsible for his actions,
then
his actions must be supervised to prevent him from harming himself and
others.
I don't see how that follows, and it's easy to create examples where
that's not the case. But in any event, yes, certainly young children
have to be supervised.
Do tell, then you should have no problem providing such an "easy"
example.
Diplomats cannot be held responsible for their actions because they
have legal immunity. How does it follow that they must be supervised
to prevent them from harming themselves and others?
You are confusing the difference between responsibility and accountability.
Diplomats are responsible for what they do, but they may not be required to
answer for it.
Suppose we find a defect in the law such that people named 'Fred' with
only three toes on each foot could not be held responsible for their
actions. Would it follow that such people need to be supervised?
Yes, it would. Consider if instead of being toeless, Fred were mentally
incompetent. Then, yes the court may require him to be supervised at all
times.
In any event, children above a very young age *are* held responsible
for their actions. (Just not by the same system and rules that adults
are.)
Not fully responsible (sic accountable) for the same reasons that their
freedoms are limited and the same reason for why they are entitled to have
care and safety provided by others.
The younger the child, naturally, the less free they are entitled
to be. That includes their speech, behavior and privacy.
This is a right that belongs exclusively to their parents and those
they authorize. You cannot exert such control over someone else's
child except in cases where there is immediate risk of harm.
By sending them to public school, authorization is given.
Sorry, doesn't work. You cannot argue that the government can compel
something and then argue that by doing it, you've "consented" to give
away first amendment rights.
Parents do cede many of their childrens rights when place them in teh
schools custody.
This is why courts, including the Supreme Court in this case, have
*refused* to hold that state actors act on behalf of their parents.
That public school attendance can be compelled means that state actors
can compel children in ways they cannot compel adults.
But they can and they do compel children in ways that they cannot comple
adults.
Sort of, but not really. It is true that the specifics differ, but the
types of ways and the rationales are the same. This is because the
"loco parentis" argument is correctly rejected, even if it is paid lip
service.
Please see my other response for a fuller explanation/refutaion.
The schools prohibit students from saying prayers.
Sure, in school. But they can prohibit adults from saying prayers in
other government buildings. So it's not because children are special,
but it's because school is a government-run operation and saying
prayers disrupts its proper function and operation. You can say
prayers non-disruptively, but try saying them out loud at the post
office. And adult can't *organize* prayers at the post office.
The schools
have been allowed to suspend students for dressing too provocatively.
See if an adult can get into the Supreme Court in torn jeans and
without a shirt. This is not because children are special but it's
because a school is like any other government operation.
The
schools have supsended students syaing that homosexuality is evil or
wrong.
Try admitting you are gay when you are in the armed forces. Again,
it's not because children are special. It's because the first
amendment rights are subject to balancing tests.
LOL! The armed forces is a special case, whether or not you agree with the
policiy (I don't). Members of the armed forces sign a contract ceding many
of their rights during their term of service. They are no longer subject to
civillian justice, but instead the UCMJ.
The list goes on and on as far as speech. The schools are allowd to
conduct
drug testing.
I believe this is typically true only for athletes,
Nope. The school may test any student at any time.
and you *can* opt
out of being an athlete with no legal consequences. This is you best
example so far, and I have to admit I don't know enough about the law
in this regard to give much useful comment.
The scools are allowed to search a student's belongings such
a sbackpacks, etc.
Sure, and every court building is allowed to search you when you
enter. Military bases can search you at any time, even if you're an
adult. Again, schools and children are not particularly special in
this regard.
You cite some very specific cases and claim them to be general.
Schools have suspended students for kissing. There are
any number of ways that tehy compel students in ways that they could not
compel an adult.
You can get kicked out of the armed forces for kissing a person of the
same sex. This is, again, not because children are special but because
first amendment rights are not absolute.
See my earlier remarks about military service.
This is not just in the school context but they can also be prohibited
from entering into binding contracts, joining the military, drinking
alcohol, consenting to sex, and so on. Nobody imagines that most of
these are anything but an exercise of state power by state agents, and
it is an error to assume that school suppression of speech or
establishment of religion would be anything else.
And they cannot make those choices because of the maturity factors cited
in
Roper.
That I do agree with.
Again, courts consistently reject the argument that government agents
can act in loco parentis except in very limited circumstances where
the government actually is the effective parent (for example, where
the government has custody).
The courts have been disgracefully inconsistent in their rulings.
To some extent true, but most ruling pay lip service to the loco
parentis argument and then reject it entirely and apply balancing
tests.
If you did accept the loco parentis argument, it is inescapable that
public schools could teach children that Jesus died for their sins and
could punish them if they disagreed. Parents can do this, so if
schools are in loco parentis, they can too.
Sorry, but I put paid to that argument. The schools as an agent of the
gov
may not establish religion.
So why may they suppress speech based on content? If they're agents of
the government for one purposes, they're agents for the other. The two
prohibitions have precisely the same standing in the first amendment.
Similarly, all that stops public schools from establishing religion is
the first amendment, so if there's no first amendment, schools can
teach that Jesus dies for our sins just as they can teach anything
else.
The 1st Amendent grants rights taht school children are exempted from.
But
I've said this before in response to your same redundant point.
If that were true, why wouldn't they be exempt from the right to be
free from government establishment of religion? No answer for the
nineteenth time?!
I've answered you consistently. Don't lie about it. I have told you that
the governmetn may not establish religion, when it is acting in loco
parentis or otherwise. Answered, end of story. Get over it and don't lie
about whether I answered you.
Again, this is why courts consistently reject these two utterly absurd
arguments. Public school attendance is compelled by state power.
Public school employees are state agents.
Which again, is why they may not establish religion. But they may
abridge
other rights that adults enjoy, and in fact they do!
Huh? Are you agreeing with me or not? I agree that they cannot
establish religion, but this is because courts reject the nonsensical
"loco parentis" and "no first amendment in the classroom" arguments
and instead subject first amendment rights to balancing tests just as
they do in other contexts.
I've answered your fabrication that the courts rejected in loco parentis in
it's entirety in my other response.
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
27 Jun 2007 06:36:25 PM |
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On Jun 27, 4:34 pm, David Schwartz <dav...@webmaster.com> wrote:
If that were true, they wouldn't have freedom of/from religion rights
at school either. Schools could teach children that Jesus died for
their sins and discipline them for disagreeing with no constitutional
problems. Do you *really* believe that?
I should also point out that a majority of Supreme Court Justices do
not support this view. Alito, Kennedy, Stevens, Souter, and Ginsburg
clearly rejected it.
DS
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| User: "Mark K. Bilbo" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 07:22:38 PM |
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On Mon, 25 Jun 2007 23:37:36 +0000, Tough Tonto wrote:
Here we go, folks. The Bush-picked SCOTUS is commencing its war on the
Constitution. It has declared that high school kids are denied free
speech, but it's okay to beguile young minds by promoting Jesus. It's
handed two decisions down today: One allowing that our taxes go to
religious institutions (that faith based crap) and another forbidding a
school boy from showing a humorous and harmless banner with "Bong Hits 4
Jesus". Where's the outrage? How long are atheists and other reasonable
people going to put up with such obvious religious favoritism in the
court?
To be fair, the "Bong hits" ruling was that schools could limit student
speech that promotes drug use, it wasn't a particularly religious
ruling...
--
Mark K. Bilbo a.a. #1423
EAC Department of Linguistic Subversion
------------------------------------------------------------
"Come to think of it, there are already a million monkeys
on a million typewriters, and the Usenet is NOTHING
like Shakespeare!" - Blair Houghton
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 08:06:03 PM |
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On Jun 25, 5:22 pm, "Mark K. Bilbo" <g...@com.mkbilbo> wrote:
To be fair, the "Bong hits" ruling was that schools could limit student
speech that promotes drug use, it wasn't a particularly religious
ruling...
Your argument would be convincing except for one thing -- the speech
in question did not promote drug use.
DS
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| User: "Wilson" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
26 Jun 2007 11:29:17 AM |
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"David Schwartz" <davids@webmaster.com> wrote in message
news:1182819963.415537.62120@q75g2000hsh.googlegroups.com...
On Jun 25, 5:22 pm, "Mark K. Bilbo" <g...@com.mkbilbo> wrote:
To be fair, the "Bong hits" ruling was that schools could limit student
speech that promotes drug use, it wasn't a particularly religious
ruling...
Your argument would be convincing except for one thing -- the speech
in question did not promote drug use.
DS
If you don't think references to a "bong" are promotion of drug use, perhaps
you need to take a ***** test. Were you even alive anytime in the past 4
decades?
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
26 Jun 2007 02:24:55 PM |
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On Jun 26, 9:29 am, "Wilson" <wil...@universal.com> wrote:
If you don't think references to a "bong" are promotion of drug use, perhaps
you need to take a ***** test. Were you even alive anytime in the past 4
decades?
Oh, c'mon, that's pure nonsense. By this logic, "bong hits kill" is a
promotion of drug use.
DS
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| User: "Christopher A.Lee" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 08:09:57 PM |
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On Mon, 25 Jun 2007 18:06:03 -0700, David Schwartz
<davids@webmaster.com> wrote:
On Jun 25, 5:22 pm, "Mark K. Bilbo" <g...@com.mkbilbo> wrote:
To be fair, the "Bong hits" ruling was that schools could limit student
speech that promotes drug use, it wasn't a particularly religious
ruling...
Your argument would be convincing except for one thing -- the speech
in question did not promote drug use.
Except that MArk described the ruling accurately.
DS
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 10:23:27 PM |
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On Jun 25, 6:09 pm, Christopher A.Lee <c...@optonline.net> wrote:
On Mon, 25 Jun 2007 18:06:03 -0700, David Schwartz
<dav...@webmaster.com> wrote:
On Jun 25, 5:22 pm, "Mark K. Bilbo" <g...@com.mkbilbo> wrote:
To be fair, the "Bong hits" ruling was that schools could limit student
speech that promotes drug use, it wasn't a particularly religious
ruling...
Your argument would be convincing except for one thing -- the speech
in question did not promote drug use.
Except that MArk described the ruling accurately.
He described part of it accurately, and he ignored the other part.
Part of it is that schools can limit student speech that promotes drug
use. The other part was that a banner reading "bong hits 4 Jesus"
promotes drug use. The standards for determining what constitutes
speech that promotes drug use are just as vital a part of the ruling
as that that's what's to be determined.
DS
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| User: "David Schwartz" |
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| Title: Re: Bong hits, Jesus, and Bush's court |
25 Jun 2007 10:58:09 PM |
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On Jun 25, 8:23 pm, David Schwartz <dav...@webmaster.com> wrote:
He described part of it accurately, and he ignored the other part.
Part of it is that schools can limit student speech that promotes drug
use. The other part was that a banner reading "bong hits 4 Jesus"
promotes drug use. The standards for determining what constitutes
speech that promotes drug use are just as vital a part of the ruling
as that that's what's to be determined.
From the dissent:
To the extent the Court independently finds that "BONG HiTS 4
JESUS" objectively amounts to the advocacy of illegal drug use--in
other words, that it can most reasonably be interpreted as such--that
conclusion practically refutes itself. This is a nonsense message, not
advocacy. The Court's feeble effort to divine its hidden meaning is
strong evidence of that. Ante, at 7 (positing that the banner might
mean, alternatively, " '[Take] bong hits,' " " 'bong hits [are a good
thing],' " or " '[we take] bong hits' "). Frederick's credible and
uncontradicted explanation for the message--he just wanted to get on
television--is also relevant because a speaker who does not intend to
persuade his audience can hardly be said to be advocating anything.7
But most importantly, it takes real imagination to read a "cryptic"
message (the Court's characterization, not mine, see ibid., at 6) with
a slanting drug reference as an incitement to drug use. Admittedly,
some high school students (including those who use drugs) are dumb.
Most students, however, do not shed their brains at the schoolhouse
gate, and most students know dumb advocacy when they see it. The
notion that the message on this banner would actually persuade either
the average student or even the dumbest one to change his or her
behavior is most implausible. That the Court believes such a silly
message can be proscribed as advocacy underscores the novelty of its
position, and suggests that the principle it articulates has no
stopping point.
DS
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