[IP] more on You mean postings to MySpace aren't private? Who knew?
Begin forwarded message:
From: Joel M Snyder <Joel.Snyder@xxxxxxxxx>
Date: March 28, 2006 1:38:48 PM EST
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx, stevenstevensteven@xxxxxxxxx
Subject: Re: [IP] more on You mean postings to MySpace aren't
private? Who knew?
The First Amendment reads:
"Congress shall make no law ..."
A private school is not making laws, and if it is truly private, then
it operates entirely within the law---but with whatever policies it
wants. There is no law that says "A minor has the right to free
speech." There is only a Constitutional amendment that says "Congress
[and, by extension, the states] cannot make laws which abridge
freedom of speech."
A private entity can do whatever it wants, because people have the
option to participate or not. If you don't like the policy of the
private school you send your child do (like "must wear adorable plaid
uniform and tie every day") then you are free to change to another
school.
Private entities can do whatever they want, as long as they break no
laws. There are golf clubs in Georgia that were in the news recently
that do not admit women. As they are private, that's their prerogative.
A mosque could refuse to admit women who are not wearing chador. A
Mormon Temple won't admit you at all to certain ceremonies and parts
of the building if you're not Mormon.
There is no unalienable right to free speech. The unalienable rights
are to life, liberty, and the pursuit of happiness, if you want to
kepe your terms together.
In fact, if you read the Constitution carefully, you'll also discover
that there is no "right to privacy" (although Griswolf v.
Connecticut, in 1965, is where such "penumbras and emanations" were
found to emanate from the Bill of Rights by Justice Douglas, giving
us the right to use contraceptives).
jms
David Farber wrote:
Begin forwarded message:
From: Steven Hertzberg <stevenstevensteven@xxxxxxxxx>
Date: March 28, 2006 1:15:37 PM EST
To: dave@xxxxxxxxxx, ip@xxxxxxxxxxxxxx
Subject: RE: [IP] You mean postings to MySpace aren't private? Who
knew?
"Private schools, however, are not bound by the First Amendment
right to
free speech"
What about the statement above am I not understanding? Can
someone please
explain to me how a school, private or otherwise, can penalize
someone for
exercising their unalienable right to free speech.
________________________________
Steven Hertzberg
http://www.hertzberg.org
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