Reinhardt And Cohorts Of 9th Circus Strike Again

21 04 2006

The 9th Circus is really stretching this one. Judge Reinhardt, the 9th’s most notorious wacko, and two others have ruled that a high school student cannot oppose homosexuality at his school.

Via The Mercury News:

SAN FRANCISCO – A suburban San Diego teenager who was barred from wearing a T-shirt with anti-gay rhetoric to class lost a bid to have his high school’s dress code suspended Thursday after a federal appeals court ruled the school could restrict what students wear to prevent disruptions.

The ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals addressed only the narrow issue of whether the dress code should be unenforced pending the outcome of the student’s lawsuit.

A majority of judges said, however, that Tyler Chase Harper was unlikely to prevail on claims that the Poway Unified School District violated his First Amendment rights to freedom of speech and religion for keeping him out of class when he wore a shirt with the message “homosexuality is shameful.”

On Thursday, the three-judge appeals court panel said “the school is permitted to prohibit Harper’s conduct…if it can demonstrate that the restriction was necessary to prevent either the violation of the rights of other students or substantial disruption of school activities.”

Only one dissenter on the 9th, Judge Alex Kozinski, fired off:

Judge Alex Kozinski wrote a blistering dissent, arguing that the high school had in effect authorized a heated debate over sexual orientation when it allowed the “Day of Silence.”

“Harper’s T-shirt was not an out-of-the-blue affront to fellow students who were minding their own business,” Kozinski wrote. “Rather, Harper wore his T-shirt in response to the Day of Silence, a political activity that was sponsored or at the very least tolerated by school authorities.”

At that point, the school forfeited its rights to defend others from being offended.

This is kicker for me, from Reinhardt:

“Being secure involves not only the freedom from physical assaults but from psychological attacks that cause young people to question their self-worth and their rightful place in society. The “right to be let alone” has been recognized by the Supreme Court … as the most comprehensive of rights and the right most valued by civilized men,” Reinhardt said.

Where does he propose we draw the line on these “psychological attacks?” I, like all other boys growing up, was not “let alone” many times. I didn’t pick fights, but if someone started one, they got one!

Civilized men also recognize that no one actually “offends you.” You allow yourself to be offended.

The school needs to have lines drawn on what they will and will not allow. And if they allow pro-homosexual days/clothes/posters, then they should allow an opposing viewpoint.

Others dissenting: Stop The ACLU, Sister Toldjah

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