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  #11 (permalink)  
Old 04-02-2008, 05:11 PM
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Quote:
Originally Posted by RSDavis View Post
Well, we already know several things:
  1. The student, as a minor, cannot enter into a contract.
  2. Other students drew pictures of demons, which are religious symbols.
1) with a legal guardian, they can enter into a legal contract. That is something that I haven't seen whether or not happened.

2) "'demonic' images" it alleges. If this is true, they can easily show the pictures (as the teacher would have had to keep them for grading), and show what religion they are from. "Alleges" means not yet proven, so that I'm waiting on to.
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  #12 (permalink)  
Old 04-02-2008, 05:44 PM
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Quote:
Originally Posted by Lumara View Post
What religion does a demon represent?
Christianity.
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  #13 (permalink)  
Old 04-02-2008, 06:39 PM
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Quote:
Originally Posted by Oregon Elephant View Post
Tinker v. Des Moines did not have a contract that they agreed they wouldn't do what they did. If the contract was signed by both the student and a legal guardian, saying that there will be no religious symbols in artwork and all students were held to this contract, than there isn't much that he can do.
Kids can't enter into legal contracts.
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  #14 (permalink)  
Old 04-02-2008, 06:51 PM
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Originally Posted by RSDavis View Post
Christianity.
LOL!!!! Right on.
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Old 04-03-2008, 12:00 AM
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Quote:
Originally Posted by RSDavis View Post
Well, we already know several things:
  1. The student, as a minor, cannot enter into a contract.
  2. Other students drew pictures of demons, which are religious symbols.

Couple of things here.

Being its Public School would have you think that the Bill of Rights actually apply to a Student, but it does not. You can not bring a Gun to school and Public Schools have Recruiters on School Grounds (High School) and Local School Districts have to allow Recruiters in the School. So thats 2 Rights of the Students and Parents that are violated.

These "violations" as I would call them stem from the Idea that they are Federal funded Schools, so Federal Laws trump Local and State (as if they would disagree).. But this stems from a section in the US Constitution called the General Welfare Clause.

"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."

Now early in American History (after 1787-1860) this was view as General Welfare meant the Federal Government could only do something in the best interest of the States, not the people. Then during the Civil War the meaning took a different meaning. That being in the best interest of the people of the United States. This ideology led to "Welfare" and Federally Funding numerous things from Public School to Tax breaks to spur industry (think Farm Subsides).

When something is Federal funded you have to meet certain "agreements" one of those being restriction on your rights. Military personal are bound by this as well, so is Congress, so is the President. So a Student would have to deal with this as well. This is not uncommon, but its a by product of Federally mandated schooling.

Another thing is a Student doesn't sign anything. The Guardian/ or Parent enters into a Contract with the Public School. By law, anyone under 18 (or who has not been declared legally empacipated from Guardian or Parent) are bound by the Contract signed by the Parents dealing with Student. Thats why Schools have the right to refuse (kick out) or suspend for a time as the Student broke the rules agreed to by the Guardian or Parent..
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Last edited by Finny : 04-03-2008 at 12:05 AM.
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Old 04-03-2008, 09:12 AM
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You'd think the freedom of religion section would apply to public schools at least.

I mean not being allowed to bring guns to school makes sense to me and not allowing for violent protests makes sense too.
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Old 04-03-2008, 06:55 PM
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OK, what were they calling "demonic", precisely? Would, say, the cover art to Meat Loaf's Bat Out Of Hell 2 be "demonic"?
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Old 04-03-2008, 07:07 PM
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One of the links in the OP has the demonic images.
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