Step Quick

From Eugene Volokh (via Uncle)comes word that the 9th Circuit Federal Court has ruled that wearing a shirt with a printed message that could be seen as “derogatory and injurious remarks directed at students’ minority status” is not covered under the 1st Amendment.

Was the student’s shirt offensive? Yes, probably it was. But he has the right to wear it so long as it doesn’t disrupt the learning process. At least according to previous SCOTUS rulings.

However, Judge Reinhardt and Judge Thomas of the 9th Circus decided that because of the derogatory nature of the shirt, and their need to created a “protected” class of students, the previous decisions are too “liberal” an interpretation of the 1st Amendment.

We need to get on this bandwagon as of yesterday. Here is my plan:

Some one of y’all out there has to have a child of school age who is an active shooter or know of someone, a gunsmith perhaps, who feeds his children via the firearms trade. The next school emplyee who speaks ill of firearms in the presence of that child gets dragged into court under this ruling.

Yes, it is far fetched. And yes, I am probably too tired from work to be speaking this facetiously (aka: it may only be funny to me), but if a t-shirt can be seen as offensive to a minority, then how much worse would it appear if a school official, or even the ASB President, goes on a tear about “those eevviill guns” in front of a child whose clothes are provided with money from the firearm industry?

You don’t get much more “minority” than that!

Ahh, nevermind. I don’t know a Red State kinda person who is that much of a whiner.

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2 Responses to Step Quick

  1. Dave says:

    You realize that the Volokh post is from Apr 2006, and the Supreme Court just recently vacated the decision, right?

  2. dagamore says:

    i want a t-shirt that reads this on the frong

    “derogatory and injurious remarks directed at your minority status”

    I would pay good money for that.

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