If a school suspends you for swearing couldn't you sue them for violating your right of free speech?
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If a school suspends you for swearing couldn't you sue them for violating your right of free speech?
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Just a thought, it has never happened to me. Ohh, and how much does someone usually get awarded if someone violated there right of free speech?
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yellowstonedogs
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There are laws regarding bad language so it would fall into that realm.
and
certainly not if it's a private school.
Far too many points to consider to the suit question.
If you were Rupert Murdoch and sued for publishing something; he defended his right and won, it would be huge.
If you were someone expelled for swearing at school (I think) you'll still need a job when you graduate. |
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CaliGirl
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That's exactly why the world is going to pot. It's people wanting to SUE instead of just saying I'm sorry, I won't do this again at school. I mean JEEEEEZE. Can't people just bow out gracefully and admit they made a mistake - own up to it instead of wasting everyone's time and money and faith in mankind by trying to PROFIT off of it? puh-leese. |
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beast
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Doubtful that you could sue them, but you could curse them out. |
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7am gangster
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no, schools have certain rules to create a safe enviroment. I wouldnt want my kid swearing at school. |
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my avatar's hot!
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No. Facilities are allowed to regulate the activities that occur within their boundaries. By attending their functions you imply you will obey their rules.
Awards are based on damage to the plaintiff, they vary wildly. The lawyers take anywhere from 30 to 40 percent, so it's not as great as it looks usually... :) |
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Jay
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You are not the first to consider free speech issues in high school.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/studentspeech.htm |
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Parrot
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"Free speech" doesn't include swearing. It's not the "right to say whatever you want" -- there's still stuff you can't say. It would have to depend on what exactly was said, but there are limits to free speech. |
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Neptune2bsure
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That is not what free speech means. Swearing is saying offensive words and the all schools have policies about that, any self respective individual knows that, also you have to sue and pay court costs to find out that what you are talking about is bs. What did the Dixie Chicks get for getting letters by the thousands and death threats just for speaking what they thought, alot of trouble and nearly lost their careers, except that the government showed once again in the face of Katrina how poorly they manage disasters. So is there really free speech after all, only if what you say doesn't offend anyone, how free is that eh? |
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SoCal Attorney
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Children do not enjoy the same free speech rights as adults. Courts in the U.S. have universally recognized the rights of schools to conduct education in an order fashion, including the right to restrict offensive language. |
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fr_chuck
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first no, swearing is not protected speech, this is one of the things school should be teaching you in government class.
Your right is limited by the harm it can cause and the legality of what is said.
Also in school you are a minor and minors don't have the rights of adults, the school is in effect guardian over you while you are there. |
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cyanne2ak
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No you can't. It is because, as a minor, your parents consent to your behaving by their rules. No swearing is one of their rules. |
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sabambam7
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i think u could i am not sure |
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pootfart3
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Not only should they not be sued, but the perpetrator should have a nice size foot put up his or her backside...... |
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old lady
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No, you couldn't, because swearing is not an acceptable form of communication. It counts as verbal assault in some places. This is hypothetical, as it hasn't happened to you, but if you tried such shenanigans, there's a good chance you would be counter-sued, and lose. You'd likely never get back into that school, either.
Free speech doesn't give anyone the right to swear, blaspheme or malign people or institutions, in public. In your own home, or among like-thinking people, it's your business. But in public, where other people will be offended, it isn't.
It's something like nude sunbathing. Technically, it's against the law, but if you do it where no one sees, it's okay. |
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Bluealt
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The right to free speech doesn't include foul or obscene language. It's expected that you will use good taste when you speak.' |
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Spike Wilbury
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Oh my gosh. You sweared? Oh my goodness. Oh no! What do they have virgin ears at your school? F 'em. |
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rebecca h
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i used to wonder the same thing about them for controlling what we wore. seems that school officials think the constitution doesn't apply to students. i doubt that's true but how many students actually fight it. |
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