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"?
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.