View Poll Results: How do you feel about gun control laws?
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Current laws infringe on our rights and should be weakened
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17.80% |
Current laws are just fine, thanks. We don't need anything more
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23.73% |
Current laws are not satisfactory, there are "common sense" adjustments that should be made
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69 |
58.47% |
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03-23-2018, 05:13 PM
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#556
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 112,972
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Working on the bullets now.....
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Who does the Racing Form Detective like in this one?
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03-23-2018, 05:25 PM
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#557
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Registered User
Join Date: Jul 2013
Posts: 17,095
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The mouthy little kid from Parkland who has become the poster boy for gun-grabbers and Second Amendment haters says a school requirement for clear backpacks violates his First Amendment rights.
https://news.grabien.com/story-parkl...-violate-our-f
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A man's got to know his limitations. -- Dirty Harry
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03-23-2018, 05:52 PM
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#558
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 112,972
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This is why we don't listen to children.
__________________
Who does the Racing Form Detective like in this one?
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03-23-2018, 09:47 PM
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#559
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Registered User
Join Date: Jun 2009
Posts: 14,574
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Quote:
Originally Posted by Clocker
The mouthy little kid from Parkland
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So tell me, which one would that be?
These kids are smart and articulate.
They also have a very strong rallying cry.
Encouraging our youth to become active
in the electoral process is highly commendable.
Conservatives, however, may not agree.
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03-23-2018, 09:49 PM
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#560
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Registered User
Join Date: Jun 2009
Posts: 14,574
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Wait, there's more.....
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03-23-2018, 10:05 PM
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#561
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Registered User
Join Date: Jun 2009
Posts: 14,574
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03-23-2018, 10:18 PM
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#562
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Registered User
Join Date: Jul 2013
Posts: 17,095
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Quote:
Originally Posted by horses4courses
These kids are smart and articulate.
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Right. Kids who think that what they can bring into a school is protected by the First Amendment.
Hint: you have no freedom of speech rights on someone else's property.
__________________
A man's got to know his limitations. -- Dirty Harry
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03-23-2018, 10:24 PM
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#563
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Registered User
Join Date: Jun 2009
Posts: 14,574
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Yes, right......
Quote:
Originally Posted by Clocker
Right. Kids who think that what they can bring into a school is protected by the First Amendment.
Hint: you have no freedom of speech rights on someone else's property.
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Ever the expert.....in misinformation
http://www.ktvn.com/story/37771894/m...amodeis-office
Quote:
The call that he made, which is his First Amendment right, to petition the government for redress of grievances," ACLU Nevada Policy Director Holly Welborn said, "that was on his time, and his space, when he made that phone call. So the school really had no legal right to punish him."
The McQueen walk-out was not a school sponsored event, but it did happen on school property.
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03-23-2018, 10:35 PM
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#564
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Registered User
Join Date: Jul 2013
Posts: 17,095
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Quote:
Originally Posted by horses4courses
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Try to keep up. The kid said that the school requirement to use a clear backpack violated his First Amendment rights to free speech.
__________________
A man's got to know his limitations. -- Dirty Harry
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03-23-2018, 10:59 PM
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#565
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gelding
Join Date: Oct 2008
Posts: 8,883
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Quote:
Originally Posted by Clocker
Right. Kids who think that what they can bring into a school is protected by the First Amendment.
Hint: you have no freedom of speech rights on someone else's property.
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The Parkland school is public, and as such the students' First Amendment rights are protected.
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03-23-2018, 11:46 PM
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#566
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Registered User
Join Date: Jul 2013
Posts: 17,095
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Quote:
Originally Posted by FantasticDan
The Parkland school is public, and as such the students' First Amendment rights are protected.
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The First Amendment says that Congress shall make no law "prohibiting the free exercise thereof; or abridging the freedom of speech".
A school rule is not a Congressional law. Are you saying that a kid standing up in class and interrupting the teacher is a valid exercise of free speech? Publishing porn in the school paper is protected speech? Dress codes are illegal?
If the Parkland school is public, can folks walk in and have a picnic in the middle of the gym floor?
I'm not going to bother looking, but SCOTUS has ruled that officials in charge of public property are acting for the "owners" of that property, and can establish reasonable, non-discriminatory rules as to the use of such property.
If First Amendment rights trump (pardon the expression) school rules, why don't Second Amendment rights? If I have a legal right to concealed carry down the street, why don't I have it in the school?
__________________
A man's got to know his limitations. -- Dirty Harry
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03-24-2018, 12:00 AM
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#567
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gelding
Join Date: Oct 2008
Posts: 8,883
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Quote:
Originally Posted by Clocker
The First Amendment says that Congress shall make no law "prohibiting the free exercise thereof; or abridging the freedom of speech".
A school rule is not a Congressional law. Are you saying that a kid standing up in class and interrupting the teacher is a valid exercise of free speech? Publishing porn in the school paper is protected speech? Dress codes are illegal?
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I'm saying that public school students don't necessarily forego their first amendment rights when they walk through the doors of their school.
Spelled out:
https://www.aclu.org/issues/free-spe...tprotestrights
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03-24-2018, 12:00 AM
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#568
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Just another Facist
Join Date: Mar 2002
Location: Now in Houston
Posts: 52,846
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Dan’s claim that it is public is correct in the sense that it’s funded publicly and the school is an arm of government. The rule makers are “ public officials” which allows and gives veracity to the 1st Amendment argument.
Clocker, the crux of your argument lies in what you said in your last post.
“establish reasonable, non-discriminatory rules as to the use of such property. ”
This is the middle ground between your argument and Dan’s assertion. That’s where a court would have to decide.......we’ve been down this road and there are multiple rulings from state to state.
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WE ARE THE DUMBEST COUNTRY ON THE PLANET!
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03-24-2018, 12:09 AM
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#569
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Registered User
Join Date: Jul 2013
Posts: 17,095
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Quote:
Originally Posted by JustRalph
Dan’s claim that it is public is correct in the sense that it’s funded publicly and the school is an arm of government. The rule makers are “ public officials” which allows and gives veracity to the 1st Amendment argument.
Clocker, the crux of your argument lies in what you said in your last post.
“establish reasonable, non-discriminatory rules as to the use of such property. ”
This is the middle ground between your argument and Dan’s assertion. That’s where a court would have to decide.......we’ve been down this road and there are multiple rulings from state to state.
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SCOTUS has addressed it. Local authorities can restrict speech to an appropriate time, place, and manner.
Quote:
Grayned v. City of Rockford (1972) summarized the time, place, manner concept: "The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time."[22]
Time, place, and manner restrictions must withstand intermediate scrutiny. Note that any regulations that would force speakers to change how or what they say do not fall into this category (so the government cannot restrict one medium even if it leaves open another). Ward v. Rock Against Racism (1989) held that time, place, or manner restrictions must:[23]
- Be content neutral
- Be narrowly tailored
- Serve a significant governmental interest
- Leave open ample alternative channels for communication
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https://en.wikipedia.org/wiki/Freedo...r_restrictions
__________________
A man's got to know his limitations. -- Dirty Harry
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03-24-2018, 12:18 AM
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#570
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Registered User
Join Date: Jul 2013
Posts: 17,095
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Quote:
Originally Posted by FantasticDan
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From that source:
Quote:
Yes. You do not lose your right to free speech just by walking into school. You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate the school’s content-neutral policies.
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Clear backpacks, as insane as the idea is, would appear to be a content-neutral policy. Or does that refer to the contents of the backpack, and the school can't object if the content of a clear backpack is an assault weapon?
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A man's got to know his limitations. -- Dirty Harry
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