(June 3, 2011 at 12:11 pm)Jaysyn Wrote:Quote:Should a student violate the order, school district officials could find themselves in legal trouble. Judge Biery ordered that his ruling be “enforced by incarceration or other sanctions for contempt of Court if not obeyed by District official (sic) and their agents.”
Students aren't government employees & should not be held to this. This isn't separation of church & state, it is trampling on the 1st Amendment. I have a feeling this is going to turn into a huge fiasco.
Here is where you've misinterpreted the ruling - a student who speaks at graduation is selected by government employees et al to represent them. As such, it is reasonable to assume that the school will take necessary steps (like prescreening) so as to best select someone to speak at the school's official function. Ergo, the school is one that is taking responsibility over what is said in it's name.
In addition, the federal judge may have also attached the penalties that he did in anticipation that the school or other parties may try to subvert the ruling anyways.
Also, while a private individual has the rights to represent themself however they wish to, if you are under the jurisdiction or employ of someone else, what you say can be taken as representative of not yourself, but the organization.
TL;DR- they're not punishing students - they're punishing the actions taken by students under the name of the school district.
