9 Comments

As you might expect I too am a strong First Amendment guy, but 100 percent agree with you on this.

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Nicely put. Whos knows how a Trump majority of sitting justices will go, especially after Jan 6

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I have argued elsewhere that the Second Amendment has been sadly misinterpreted by judges and courts in contemporary America. The founders envisioned the right to bear arms for a well-prepared militia. We now have the military so that reasoning no longer applies.

I oppose private gun ownership, but the First Amendment allows freedom of expression including repugnant words and images on T-shirts.

As much as I want to say no to Dave’s questions, the First Amendments requires me to say “yes” to every one. I don’t like it, but where do you draw the line?

The solution is to require every student to wear school uniforms with no words, no images—only the name of the school.

Absent that, we have to allow Free Expression—including T-shirts with pictures of guns.

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Steve, I wore a uniform to school for many years in the 60’s. I hated it but maybe the nuns were on to something.

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Dave, we live in tough times with no easy answers. Thank you.

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I'm amazed that Johnston didn't have a school policy on this. Some schools have a clear policy that says you can't wear clothing that promotes tobacco, drugs or guns. Absent a policy I probably have to support the kid's first amendment rights even though I find the shirt distasteful. It clearly doesn't cause a disruption in the school day. Why the teacher and the district escalated this so quickly is beyond me. I taught at the high school level for 20 years and then represented teachers at ISEA for the remainder of my career so I'm familiar with these situations. It would have been simple just to have the kid throw a jacket on for the rest of the day so that the shirt wouldn't show.

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I appreciate your experienced perspective, Randy. I, too, wondered about a policy but I didn’t see a reference to one in anything I read about the case. Where to draw the line? I guess I go back to Justice Potter Stewart’s line about pornography. “I know it when I see it.” Although I realize I say that from the perspective of the older white male that I am, and all that would bring to my judgment.

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Very well written Dave. I agree with you 100%. I do believe the Second Amendment has cost this country a huge number of lives. It will be very difficult to change it for the better, especially in today’s political environment.

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Thank you for putting this contrast into words. It’s helpful for future discussions.

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