Had lunch with my sister today. Her wife is temporarily relocated to New York for work reasons, and Terry is visiting. Terry sister told me about the case that her wife, my sister-in-law, is working on.
And then I read about it in Eschaton an hour later. And USA Today. And the Washington Post. And....
My analysis of the case: It appears that there's a lot of case law which says pretty clearly that if you're a government entity (like a school) and you create a forum for expression (like a public dance), and you violate someone's First Amendment rights in that forum, you can't just close the forum when they complain. So, you know, the school has pretty much boned itself forward and back.
My analysis of my family: Yaaaay!
And then I read about it in Eschaton an hour later. And USA Today. And the Washington Post. And....
ACLU files suit against Miss. school for canceling prom
JACKSON, Miss.--The American Civil Liberties Union of Mississippi today filed suit in federal court against the Itawamba County School System, which canceled the prom for one of its high schools when a student challenged a ban on bringing same-sex dates.
The federal suit asks the court to force the school board to reinstate the prom and alleges that district officials have violated the First Amendment rights of Constance McMillen, a senior at Itawamba Agricultural High School.
"It's shameful and cowardly of the school district to have canceled the prom and to try to blame Constance, who's only standing up for herself," said Christine Sun, an attorney with the ACLU national LGBT Project. "We will fight tooth and nail for the prom to be reinstated for all students."
My analysis of the case: It appears that there's a lot of case law which says pretty clearly that if you're a government entity (like a school) and you create a forum for expression (like a public dance), and you violate someone's First Amendment rights in that forum, you can't just close the forum when they complain. So, you know, the school has pretty much boned itself forward and back.
My analysis of my family: Yaaaay!
no subject
Date: 2010-03-12 11:46 am (UTC)Frankly, I'm surprised a place like that even allows dancing.