Comments on: (S)Wordplay in Portsmouth and the ACLU http://www.randomyak.com/?p=1779 Tue, 10 Aug 2010 09:58:28 -0700 http://wordpress.org/?v=2.8.4 hourly 1 By: Random Yak http://www.randomyak.com/?p=1779&cpage=1#comment-3230 Random Yak Sat, 13 Jan 2007 10:12:38 +0000 http://www.randomyak.com/?p=1779#comment-3230 Discretion, yes. I still think it's a good example of the kind of "form over substance" approach to policy that suggests good sense took a vacation. Discretion, yes.

I still think it’s a good example of the kind of “form over substance” approach to policy that suggests good sense took a vacation.

]]> By: Maniyak http://www.randomyak.com/?p=1779&cpage=1#comment-3226 Maniyak Sat, 13 Jan 2007 04:51:25 +0000 http://www.randomyak.com/?p=1779#comment-3226 The school officials doubtless were thinking that if they did not ban all weapons, however innocuous, then they would have to make decisions about when weapons were being displayed appropriately or inappropriately, which would involve them in content-based censorship of speech and raise First Amendement freedom of speech issues. But in fact the U.S. Supreme Court already addressed this kind of problem in Hazelwood v. Kuhlmeier, in which the Court said that school officials could engage in content-based editing or exclusion from school publications. A year book is a school publication and the school officials have the discretion to permit this harmless photo. The school officials doubtless were thinking that if they did not ban all weapons, however innocuous, then they would have to make decisions about when weapons were being displayed appropriately or inappropriately, which would involve them in content-based censorship of speech and raise First Amendement freedom of speech issues. But in fact the U.S. Supreme Court already addressed this kind of problem in Hazelwood v. Kuhlmeier, in which the Court said that school officials could engage in content-based editing or exclusion from school publications. A year book is a school publication and the school officials have the discretion to permit this harmless photo.

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