While the school district has released a statement claiming that they “are working with the parents to come to the best solution [they] can for the child,” there is always a possibility of this heading through the Federal Court system.
Sign Language Is Speech Under the First Amendment
The First Amendment of the United States Constitution states: “Congress shall make no law…abridging the freedom of speech….” Speech does not necessarily mean “speaking” but can include non-verbal communication. Therefore, Hunter’s hand symbols, and certainly sign language, are indeed a form of speech.
Freedom of Speech is not always guaranteed. The government can protect against certain unprotected types of speech. There are four types: something “obscene” (usually very sexually hardcore); speech that is directed to incite and is likely to produce imminent lawless action/illegal activity; fighting words intended to produce a immediate violent reaction in an ordinary person; and a true threat.
Is it reasonable to say that one could perceive a child saying his name via sign language as any of the above? Hunter doesn't aim his fingers at someone, and yell “bang, bang.”
Schools do, however, have the ability (and frankly the responsibility) to protect their children. Their weapons policies (and other such zero tolerance polices) are in place for appropriate and necessary means. However, is this Nebraska school going too far?
Popular PostsGoogle Analytics Popular Posts Alert :
Please check/recheck/enter your Google Analytics account details (username and password).
Bankruptcy – Business
Bankruptcy – Personal
Criminal Law – Appellate
Criminal Law – Federal
Criminal Law – State Felony & Misdemeanor
Drunk Driving Defense
Dumb or Weird Laws
2012 Meningitis Outbreak
Biomet Hip Replacement
Smith & Nephew Hip Replacement
Stryker Hip Replacement
Wright Hip Replacement
Intellectual Property Law
Labor & Employment Law
Landlord Tenant Law
Personal Injury – Defendant
Personal Injury – Plaintiff
Social Security Disability
Trending Searchesconstitutional law Criminal Law - State Felony & Misdemeanor dangerous-products dangerous or defective products dumb laws estate planning Family Law FAQ fda first-amendment food poisoning Personal Injury - Plaintiff product-recall products liability random laws recall safety recall salmonella strange laws weird laws