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Student suspended for speaking Spanish in school hallway

 
 
Finn dAbuzz
 
  1  
Reply Fri 23 Dec, 2005 05:24 pm
nimh wrote:
JustanObserver wrote:
Sturgis wrote:
It is called school policy. If a school sets in place a policy it has the right to take certain actions when a student fails to adhere to such policy.

You are 100% right. But you don't seem to realize that there was no school policy that said students are only allowed to speak English in this case.

He probably just chose to ignore the X replies to his previous posts pointing this out already...


Good grief, is it so hard to imagine a school policy directed towards a single individual?

Mr Spanish Speaking Smartass uses his bilingual skills to insult non-Spanish speaking students. At some point the Anglos figure out what he is up to and respond in kind. Disruption within the school occurs.

The principal take several steps to prevent Senor Smartass from continuing his disruptive ways, but none work. At wits end, the principal orders Senor Smartass to refrain from speaking Spanish in the hallways --- the location of his disruptive activity. Since Senor Smartass speaks fluent English, his ability to express himself is not curtailed. Since the hallways of a public school are neither the only nor an appropriate venue for political speech directed towards people who can only speak Spanish, the students First Amendment right have not been compromised.

Senor Smartass's speech is not being restricted merely because he might choose to express it in Spanish, it is being restricted because it is being used to disrupt a public institution.

Of course this is merely a scenario and Senor Smartass may very well be Senor Victim of Jingoism, but none of us know which is true and therefore it is asinine to declare with absolute confidence that Senor Student's right have been violated.
0 Replies
 
Roxxxanne
 
  1  
Reply Fri 23 Dec, 2005 06:10 pm
Good Grief, it is hard to imagine a more, tortured convoluted scenario. Clearly, if students are being prohibited from speaking a language other than English where banter in English between students is permitted, the students' First Amendment rights are being violated.

We are talking about principles not the specific case of Señor Colita Inteligente.
0 Replies
 
Roxxxanne
 
  1  
Reply Fri 23 Dec, 2005 06:14 pm
Good Grief, it is hard to imagine a more, tortured convoluted scenario. Clearly, if students are being prohibited from speaking a language other than English where banter in English between students is permitted, the students' First Amendment rights are being violated.

We are talking about principles not the specific case of Señor Colita intelligente.
0 Replies
 
nimh
 
  1  
Reply Fri 23 Dec, 2005 06:19 pm
Finn d'Abuzz wrote:
Good grief, is it so hard to imagine a school policy directed towards a single individual?

Mr Spanish Speaking Smartass uses his bilingual skills to insult non-Spanish speaking students. At some point the Anglos figure out what he is up to and respond in kind. Disruption within the school occurs.

The principal take several steps to prevent Senor Smartass from continuing his disruptive ways, but none work. At wits end, the principal orders Senor Smartass to refrain from speaking Spanish in the hallways --- the location of his disruptive activity. [..]

Of course this is merely a scenario and Senor Smartass may very well be Senor Victim of Jingoism, but none of us know which is true and therefore it is asinine to declare with absolute confidence that Senor Student's right have been violated.

It's amazing how much one is willing to imagine that could all, hypothetically, excuse the behavior of someone -- in some cases, anyway.

Next time some, say, peacenik academic or seemingly overly PC school head does something that, at least judging on what the news reports tell us, seems pretty wrong, I will expect Finn to accord the apparent perpetrator the same politeness of coming up with random hypothetical scenarios that would potentially still have made the fellow's action quite natural ...

Or perhaps I wont.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Sat 24 Dec, 2005 12:14 am
nimh wrote:
Finn d'Abuzz wrote:
Good grief, is it so hard to imagine a school policy directed towards a single individual?

Mr Spanish Speaking Smartass uses his bilingual skills to insult non-Spanish speaking students. At some point the Anglos figure out what he is up to and respond in kind. Disruption within the school occurs.

The principal take several steps to prevent Senor Smartass from continuing his disruptive ways, but none work. At wits end, the principal orders Senor Smartass to refrain from speaking Spanish in the hallways --- the location of his disruptive activity. [..]

Of course this is merely a scenario and Senor Smartass may very well be Senor Victim of Jingoism, but none of us know which is true and therefore it is asinine to declare with absolute confidence that Senor Student's right have been violated.

It's amazing how much one is willing to imagine that could all, hypothetically, excuse the behavior of someone -- in some cases, anyway.

Next time some, say, peacenik academic or seemingly overly PC school head does something that, at least judging on what the news reports tell us, seems pretty wrong, I will expect Finn to accord the apparent perpetrator the same politeness of coming up with random hypothetical scenarios that would potentially still have made the fellow's action quite natural ...

Or perhaps I wont.


You have it all wrong nimh.

I have not devised a scenario to excuse the principal's action. I have devised a scenario that belies a claim that the student's rights have been violated.

If and when a peacenik principal (by the way, how do we know this particular principal is not a peacenik? Because she is depriving someone of their rights and we all know a peacenik would never commit such a crime?) engages in a similar questionable action I will wait until I have sufficient facts to enable a judgment before I declare the students' civil rights have been violated, or that the principle has violated any law.

If I don't please call me on it.

If you refer back to my first comments on this story you will see that based on the information provided, I agreed that the principal's action seemed "pretty wrong." My objections arose when certain posters began their pronouncements that it was certain the student's first amendment rights had been violated, and that any ensuing law suit could not be frivolous as a result.

I have no idea whether or not the scenario I have created is accurate, only that it is plausible.

The facts matter when lofty legal principles are applied, because there is no lofty legal principle that has absolute application over all fact patterns, otherwise Summary Judgments in law suits would be a lot easier to come by than they are.
0 Replies
 
JustanObserver
 
  1  
Reply Sat 24 Dec, 2005 03:16 am
This is actually kind of fun now. Lets start...

Finn d'Abuzz wrote:
Good grief, is it so hard to imagine a school policy directed towards a single individual?


Well, kind of. If the only way a school can deal with one particular student is by making rules that apply in order to deal with that one kid, that's a problem. I haven't heard of any school that does this, but I really would be interested in hearing of one. Maybe there are.

Finn d'Abuzz wrote:
Mr Spanish Speaking Smartass uses his bilingual skills to insult non-Spanish speaking students. At some point the Anglos figure out what he is up to and respond in kind. Disruption within the school occurs.


Um...what? Now the kid is "Señor smartass"? Nothing in the article says the kid is a smartass, nor does anything from the article imply that he's "using his bilingual skills to insult non-Spanish speaking students." From what we know, another student asked him if he could borrow a dollar, and the kid said "No problema." Moreover, this happened in the hallway, not in class. There wasn't any "disruption in the school."

Finn d'Abuzz wrote:
The principal take several steps to prevent Senor Smartass from continuing his disruptive ways, but none work.


What? What are the "several steps" that the principle took? At most, we have this from the article:

Watts, whom students describe as a disciplinarian, said she can't discuss the case. But in a written "discipline referral" explaining her decision to suspend Zach for 1 1/2 days, she noted: "This is not the first time we have [asked] Zach and others to not speak Spanish at school."

We don't know why she asked students to speak only English at the school. Maybe it was to only apply when he was in class, or only when he was speaking to teachers. Maybe they just don't like to hear Spanish. We don't know.

Finn d'Abuzz wrote:
At wits end, the principal orders Senor Smartass to refrain from speaking Spanish in the hallways --- the location of his disruptive activity.


"At wits end"? Rolling Eyes
Anyway, it does seem the principal asked the student-I'm sorry- "Señor smartass" from speaking Spanish "at school." And this is where the problem (and Constitutional issue) lies. Read previous posts to see how this won't hold up under challenge.

Finn d'Abuzz wrote:
Since Senor Smartass speaks fluent English, his ability to express himself is not curtailed. Since the hallways of a public school are neither the only nor an appropriate venue for political speech directed towards people who can only speak Spanish, the students First Amendment right have not been compromised.


WRONG. A student asked him (in Spanish) to borrow a dollar. He replied in the same language he was asked. Not a big deal. People do that all the time (including myself). I don't know where you get off with this being "political speech," though. There was nothing political about it. The kid was asked for a dollar in Spanish by another student (not during class) and he said "no problema." As a result, he was suspended. The school tried to punish him for saying something in a private conversation not addressed to anyone else to another student when not in class. Yep. Looks like a First Amendment violation.

Finn d'Abuzz wrote:
Senor Smartass's speech is not being restricted merely because he might choose to express it in Spanish, it is being restricted because it is being used to disrupt a public institution.


There was no disruption. It was a private conversation between two individuals in the hallway, not during class. Looks like the only person who got their panties in a twist was the teacher who heard "no problema."

Finn d'Abuzz wrote:
Of course this is merely a scenario and Senor Smartass may very well be Senor Victim of Jingoism, but none of us know which is true and therefore it is asinine to declare with absolute confidence that Senor Student's right have been violated.


Yet, just a few sentences before, you say "the students First Amendment right have not been compromised." So which is it? Have his First Amendment rights" not been compromised (like you said), or "is it asinine to declare with absolute confidence that Señor Students rights have been violated" (as you also said)?


Finn d'Abuzz wrote:
I have not devised a scenario to excuse the principal's action. I have devised a scenario that belies a claim that the student's rights have been violated.


Seems its pretty clear what "scenario" you're pushing.


Finn d'Abuzz wrote:
If and when a peacenik principal (by the way, how do we know this particular principal is not a peacenik? Because she is depriving someone of their rights and we all know a peacenik would never commit such a crime?)...


WHAT?

Finn d'Abuzz wrote:
...engages in a similar questionable action I will wait until I have sufficient facts to enable a judgment before I declare the students' civil rights have been violated, or that the principle has violated any law.[/b]


Yet you have no problems not waiting until you have "sufficient facts" to declare that the students rights have NOT been violated (just read what you wrote).
Nice.

Finn d'Abuzz wrote:
If I don't please call me on it.


Oh believe me, I have. Anyway, I'm with you on all the rest of the stuff you said.
0 Replies
 
Sturgis
 
  1  
Reply Sat 24 Dec, 2005 06:26 am
nimh wrote:
JustanObserver wrote:
Sturgis wrote:
It is called school policy. If a school sets in place a policy it has the right to take certain actions when a student fails to adhere to such policy.

You are 100% right. But you don't seem to realize that there was no school policy that said students are only allowed to speak English in this case.

He probably just chose to ignore the X replies to his previous posts pointing this out already...


Sorry to disappoint you yet again nimh (or maybe you get off on that, eh?); but, I am am well aware of all the previous comments made, including the ones which accuse me of being from Kansas (and that was not said in a nice way), a person who decided my language issues were in some way related to having been beaten by a bully when I was growing up (still not sure how that reasoning was arrived at) and the one which tried to compare language issues to sexuality issues...Sorry to have to break this news to everybody, they are very different animals. I responded to the comments running directly prior to my last post in this thread.

To JustanObserver, kindly look at the post of mine which you have most recently attacked...I wrote IF a school sets a policy. Note the key word IF. IN other words the school may have no such policy in which case, no, it does not have a legal leg to stand on. My point was IF the school has this policy spelled out and this information is given to parents/guardians and students then there is no reason why it should not be followed.
0 Replies
 
nimh
 
  1  
Reply Sat 24 Dec, 2005 07:42 am
Sturgis wrote:
It is called school policy. If a school sets in place a policy it has the right to take certain actions when a student fails to adhere to such policy.

Sturgis wrote:
To JustanObserver, kindly look at the post of mine which you have most recently attacked...I wrote IF a school sets a policy. Note the key word IF. IN other words the school may have no such policy in which case, no, it does not have a legal leg to stand on. My point was IF the school has this policy spelled out and this information is given to parents/guardians and students then there is no reason why it should not be followed.

Well, call me dyslexic, but your comment as I quoted in did not much seem like an hypothetical to me, but like a comment on the case in question - the subject of this thread and all. Ie, someone said, "this is wrong", and you answered, lookit, if a school sets in place a policy like this, it is only right to act on it - certainly implying, to my mind, that it did. If it was meant as a purely hypothetical scenaario, you did a bad job in making that clear (unless you want to start a discussion on what the word "if" means in different contexts) - and furthermore, if you did mean it that way, then my comment to Finn above now also applies to you.

(Cant remember the previous instance(s?) in which I was "disappointed" by you, btw)
0 Replies
 
Sturgis
 
  1  
Reply Sat 24 Dec, 2005 07:50 am
Oh goody! A discussion on the word if. Oh I can hardly contain my excitement!
0 Replies
 
 

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