Profanity a form of expression protected by the First Amendment!
http://www.fivefreedoms.org/5freedoms/assembly/legal_faqs
Is profanity a form of expression protected by the First Amendment?
It can be, depending upon the circumstances and context. There is no general exception for profanity under the First Amendment unless the profanity qualifies as "fighting words." Fighting words are defined as words that by their very nature incite an immediate breach of the peace.
One case worth noting is the 1971 case of Cohen v. California, in which the U. S. Supreme Court reversed the conviction of a man who had been arrested for wearing a jacket in a courthouse bearing the words "F*** the Draft." The court noted that the profane word on the jacket was not directed at a particular individual and aroused no violent reaction.
However, public school students have greater restrictions placed on their First Amendment rights than adults. In fact, school officials generally can prohibit vulgar and offensive student language under the Supreme Court's 1986 decision in Bethel Sch. Dist. No. 403 v. Fraser. In that decision, the Supreme Court wrote that "it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse."
One federal appeals court judge clarified the distinction between free speech and profanity as it pertains to public schools quite well: "the First Amendment gives a high school student the classroom right to wear Tinker's armband, but not Cohen's jacket."
So in a very short summary, the Supreme Court of the United States of America has ruled that unless words deemed "vulgar" are fighting words, then your rights have been violated.
This special designation only applies to students, not to Parent's of kids in the district.
Basically, when Rochester Minnesota Superintendent Michael Munoz sent out a letter, directly violating the "free speech rights" of parents or the "freedom of expression", he did so knowingly violating the "civil rights" of the parents involved. The SCOTUS backs up this argument.
So to shorten this argument, our rights have been willingly violated by this educator and his willing accomplice in the crime.
Take a look at this well manicured webpage here that portrays a lie as this isn't happening in our situation:
http://www.rochester.k12.mn.us/page/2643
Message from the Superintendent, Mr. Michael Munoz
Rochester Public Schools' educational program is designed to reach all students, including those with special needs. The three strategic aims of the district are high student achievement, a safe and welcoming learning environment, and efficient and effective operations. As a result, student-achievement levels are consistently above state and national averages, with 85-90 percent of graduating seniors pursuing post-high school education.
Is profanity a form of expression protected by the First Amendment?
It can be, depending upon the circumstances and context. There is no general exception for profanity under the First Amendment unless the profanity qualifies as "fighting words." Fighting words are defined as words that by their very nature incite an immediate breach of the peace.
One case worth noting is the 1971 case of Cohen v. California, in which the U. S. Supreme Court reversed the conviction of a man who had been arrested for wearing a jacket in a courthouse bearing the words "F*** the Draft." The court noted that the profane word on the jacket was not directed at a particular individual and aroused no violent reaction.
However, public school students have greater restrictions placed on their First Amendment rights than adults. In fact, school officials generally can prohibit vulgar and offensive student language under the Supreme Court's 1986 decision in Bethel Sch. Dist. No. 403 v. Fraser. In that decision, the Supreme Court wrote that "it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse."
One federal appeals court judge clarified the distinction between free speech and profanity as it pertains to public schools quite well: "the First Amendment gives a high school student the classroom right to wear Tinker's armband, but not Cohen's jacket."
So in a very short summary, the Supreme Court of the United States of America has ruled that unless words deemed "vulgar" are fighting words, then your rights have been violated.
This special designation only applies to students, not to Parent's of kids in the district.
Basically, when Rochester Minnesota Superintendent Michael Munoz sent out a letter, directly violating the "free speech rights" of parents or the "freedom of expression", he did so knowingly violating the "civil rights" of the parents involved. The SCOTUS backs up this argument.
So to shorten this argument, our rights have been willingly violated by this educator and his willing accomplice in the crime.
Take a look at this well manicured webpage here that portrays a lie as this isn't happening in our situation:
http://www.rochester.k12.mn.us/page/2643
Message from the Superintendent, Mr. Michael Munoz
Thank
you for your interest in Rochester Public Schools. I welcome you to the
web site and encourage you to visit and learn about our schools and
community.
I am excited that Rochester Public Schools continues its mission of "Lifelong Learning for All". I believe that all programs, activities, and events need to focus on helping students learn and achieve. Moreover, we have great staff who can carry out the mission and focus needed to educate every child. Rochester is a growing and changing school district, and these are exciting and challenging times. Through it all, we stay focused by offering the best for your child – in K-12 education, pre-kindergarten, alternative learning centers, community education, and afterschool opportunities.
I am excited that Rochester Public Schools continues its mission of "Lifelong Learning for All". I believe that all programs, activities, and events need to focus on helping students learn and achieve. Moreover, we have great staff who can carry out the mission and focus needed to educate every child. Rochester is a growing and changing school district, and these are exciting and challenging times. Through it all, we stay focused by offering the best for your child – in K-12 education, pre-kindergarten, alternative learning centers, community education, and afterschool opportunities.
Rochester Public Schools' educational program is designed to reach all students, including those with special needs. The three strategic aims of the district are high student achievement, a safe and welcoming learning environment, and efficient and effective operations. As a result, student-achievement levels are consistently above state and national averages, with 85-90 percent of graduating seniors pursuing post-high school education.
Rochester
Public Schools is proud to be a leader in creating solutions to
eliminate disparities in student achievement. The District's Five-Year
Plan has helped us make gains in math, reading, and science and will
help close the opportunity gap and bring all students to proficiency.
This web site will serve as an introduction and a guide to the district and reflect the wonderful opportunities that are in place for students. I hope it proves to be informative and welcoming for you. Please explore the information provided and send me an email if you have questions or suggestions. I encourage you to visit often.
This web site will serve as an introduction and a guide to the district and reflect the wonderful opportunities that are in place for students. I hope it proves to be informative and welcoming for you. Please explore the information provided and send me an email if you have questions or suggestions. I encourage you to visit often.
There is no including, no wanting what is best for our students, just continued personal attacks and low blow, personal attacks by immature and unethical, power hungry educators out of control!
This should be the new flag of the school corporation. Lets tell the truth and not use lies and spin to say they want parental or family involvement. They only want, pre-approved, conformist involvement. Or what I'm trying to say, they look at parents with high IQ's that ask questions as being dangerous and a kink in their robot creating machine.
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