Federal Judge: First Amendment Bars School's Ban on 'Hitler Youth' Badges

[beevul]

Federal Judge: First Amendment Bars School's Ban on 'Hitler Youth' Badges

Students cannot be prohibited from wearing buttons depicting a Hitler Youth assembly to protest a public school's mandatory uniform policy, a federal judge in New Jersey has ruled.

Issuing a preliminary injunction against the ban, U.S. District Judge Joseph Greenaway Jr. found that the students and parents would likely prevail in their suit alleging a First Amendment violation.

"Plaintiffs seek to exercise their First Amendment rights through expressive speech," Greenaway wrote Monday in DePinto et al. v. Bayonne Board of Education, 06-5765. "Defendants provide no evidence that the educative process will be disrupted or that the button will result in a failure in the discipline process."

"A student may not be punished for merely expressing views unless the school has reason to believe that the speech or expression will 'materially and substantially disrupt the work and discipline of the school,'" Greenaway wrote, citing Tinker. Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

http://www.law.com/jsp/article.jsp?id=1190278978670&rss=newswire

This is good for everyone, IMO. If only more students, and people weren't so intimidated and/or authoritarian.

[no_hypocrisy]

1. The attorney down the hall from me won that case!!!!

I'm so proud of her.

[krispos42]

2. Good.

If you don't want to be compared to Hitler, don't act like him.

[sabbat hunter]

4. how is a school uniform

like hitler?

[depakid]

9. Godwin's law

[sabbat hunter]

18. huh? n/t

[krispos42]

20. Wikipedia is your friend...

:-)

I didn't know what it was either until the Wiki God came to my rescue!

Godwin's Law

From Wikipedia, the free encyclopedia

Godwin's Law (also known as Godwin's Rule of Nazi Analogies)<1> is an adage formulated by Mike Godwin in 1990. The law states:<2>

As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one.

Godwin's Law is often cited in online discussions as a caution against the use of inflammatory rhetoric or exaggerated comparisons.

The rule does not make any statement as to whether any particular reference or comparison to Hitler or the Nazis might be appropriate, but only asserts that one arising is increasingly probable. It is precisely because such a comparison or reference may sometimes be appropriate, Godwin has argued<3> that overuse of Nazi and Hitler comparisons should be avoided, because it robs the valid comparisons of their impact. Although in one of its early forms Godwin's Law referred specifically to Usenet newsgroup discussions,<4> the law is now applied to any threaded online discussion: electronic mailing lists, message boards, chat rooms, and more recently blog comment threads and wiki talk pages.

<more>

http://en.wikipedia.org/wiki/Godwin%27s_Law

This happened kinda soon in this thread, but it involved a discussion about a picture of Hitler in the OP, so I guess it's not surprising.

[krispos42]

19. It's not, necessarily

Although I'm not thrilled with those, either.

But the silencing of protest, of different opinions and viewpoints, is.

[TheUniverse]

21. George Carlin says it best.

"School Uniforms? Bad Idea. Already been tried. You can see it in old newreels from the 1930's, but the narration is hard to understand because it is in German. "

[sabbat hunter]

3. i am against this ruling

because the first amendment does not protect speech that is intended to start a riot (like yelling fire in a crowded movie theater)

The buttons about hitler youth can be taken as riot incitement.

There are less inflamatory ways to protest a uniform policy.

[no_hypocrisy]

5. There was a prominent red slash superimposed over the Hitler Youth.

That does not show support for them.

[smokey nj]

6. Here's how the article describes the buttons.

The attorneys representing the students and the school board agree that the picture was meant to portray an assembly of Hitler Youth, an organization set up in the 1930s for the education and training of German youth in Nazi principles. The photograph showed no visible swastikas, however, and the young men are not giving the "sieg heil" salute. <snip>

[flashl]

7. Roanoke commander of pro-white movement 1st amendment rights

protects him when he post the Jena 6 families' addresses. And, allows other pro-white leaders to give permission on their web sites and on the radio to their followers to "deal with" the Jena 6, their families, and supporters.

[Beer Snob-50]

13. I don't see how this specific incident is a 1st amendment right..

I don't see how you can post something that will put others in harms way.

[flashl]

14. I listen to a discussion with a Southern Poverty Law Center rep on the radio

there was a "lively" debate about whether this is was terrorism in the truest sense of the word. The rep replied that the "pro-white" leaders are protected under 1st amendment.

[TheUniverse]

22. If someone would start a riot for over a "Hitler youth" badge...

They would be a complete dumbass. I 100 percent support a person's right to wear that badge. This "riot insightment" shit is used to infringe on the 1st amendment way too often.

[smokey nj]

8. I live in Bayonne, a block away from an elementary school, and I have to say

it gives me the creeps to see all the kids dressed alike.

[MrCoffee]

10. The judge cited Tinker v. Des Moines? Uh-oh

I can't find a link to the current ruling, but I was unaware that Tinker had been extended to elementary schools.

[cali]

11. This is a good ruling

even if the kids conducting this protest are being melodramatic.

[MrCoffee]

12. i'm not so sure...

it's good in the sense that they should be able to wear the buttons, but i don't know if it's good in the sense that it's going to withstand the appeal.

[cali]

15. That's interesting.

Can you briefly explain? Thanks.

[MrCoffee]

16. without seeing the opinion, it's highly speculative, but...

how's that for a disclaimer.

The article states that the judge used Tinker v. Des Moines as grounds for issuing the injunction. Tinker held that public high school students could wear black armbands in protest of the Vietnam War.

i am unaware of case-law that extends Tinker to elementary schools. There very well could be, i just don't know it. in fact, i seem to recall cases that refused to extend Tinker to elementary schools. again, i'm not sure about that either, but i recall something explicit about Tinker not extending to elementary schools. That's why I'm not so sure this decision would survive an appeal. i'd love to see the judge's opinion, but i can't find it anywhere on-line.

[cali]

17. Highly speculative it may be, but

I appreciate it Thanks, that's much clearer. It looks like it'll be an interesting case to follow.