Hi Eri, your weekend again?
Take it from this Republican, confirm her...quickly. Let's send Souter home as quickly as possible. She's well qualified. Our constitutional law professor president made a great pick, his words "the best" person for the job.
Doninger v. Niehoff
Let's follow Senator Cornyn's leadership and confirm her.
Posted by peter at May 29, 2009 07:36 PMLet's follow Senator Cornyn's leadership and confirm her.
You mean we can do that without waiting for the confirmation process?? Shit, let's do it now! Thanks, peter, you're a pal!
Posted by Twinky P* at May 29, 2009 09:03 PMYou make the decision... petie thinks he has a great argument. From the Harvard Journal of Law & Technology.
Posted on Monday, June 2, 2008 at 5:37 pm Doninger v. NiehoffSecond Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola CarahPosted by Seven of Six at May 29, 2009 10:14 PMDoninger v. Niehoff
Second Circuit, May 29, 2008, No. 07-3885
Slip OpinionThe Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter from running for senior-class secretary, a move prompted by the school’s discovery of a blog in which the daughter had posted a “vulgar and misleading message” about administrators and an upcoming school event. The court found that the lower court had not abused its discretion in denying the preliminary injunction on the grounds that the case was unlikely to succeed on the merits.
Scott H. Greenfield of Simple Justice is troubled by the broad application of a “potential for disruption” standard. Greenfield claims that the Second Circuit ruling flies in the face of the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gates.” Instead of protecting the rights of students in the schoolyard, Greenfield says, the Second Circuit is restricting those rights even once the students have left school.
Professor Jonathan Turley views the decision as part of a “steady eradication of student rights” and thinks the decision teaches a “foul lesson to these future citizens.” While he thinks that punishment is warranted when students use vulgar language or behave inappropriately, he thinks this punishment should come from parents and not school authorities.
At the time, Avery Doninger was a junior at Lewis Mills High School (LMHS) in Burlington, Connecticut. As the junior-class secretary, she was involved in organizing “Jamfest,” a battle of the bands concert taking place at the school. After the event had been delayed twice by the school administration, Avery and three other students dispatched a mass e-mail encouraging other students to contact defendant-appellee and school superintendent, Paula Schwartz, to urge that the concert take place as scheduled. A meeting ensued that day in which LMHS principal Karissa Niehoff, also defendant-appellee, informed Doninger that the e-mail was an inappropriate way to try to resolve the issue. That evening Doninger published a Livejournal blog post in which she referred to the administration as “douchebags,” claimed Jamfest was cancelled, and encouraged readers to call or write Schwartz and Niehoff “to piss [them] off more.”
When Niehoff discovered the blog posting, she prohibited Doninger from running for senior-class secretary. Doninger’s mother filed suit, alleging, inter alia, that the school had violated her daughter’s First Amendment rights. Among other relief sought, she moved for an injunction that would either require the school to hold new elections or grant her daughter the same title, honors, and obligations as those granted to the current secretary. The district court denied the motion and the Second Circuit affirmed, citing its ruling in Wisniewski v. Board of Education, 494 F.3d 34 (2d Cir. 2007), which held school sanctions of student expression constitutional where the expression “would foreseeably create a risk of substantial disruption within the school environment.”
In denying Doninger’s motion for preliminary injunction, the Second Circuit held that, while Doninger had shown Avery would suffer irreparable harm absent the injunction - the violation of her First Amendment rights - she had not shown a “likelihood of success on the merits.” The court cited Tinker for the proposition that there are “special characteristics of the school environment,” that must be taken into account when deciding First Amendment cases in the school context. Noting that the Supreme Court has not addressed a school’s authority to regulate expression taking place off of school grounds, the court relied heavily on its own precedent, Wisniewski, in determining that Doninger’s First Amendment claim for regulation of expression outside of the school context was unlikely to succeed on the merits. The court also relied on the “Bong Hits 4 Jesus” case, Morse v. Frederick, 127 S. Ct. 2618, 2623 (2007), which held that schools were entitled to discipline students for conduct that “would foreseeably create a risk of substantial disruption within the school environment.” The Second Circuit concluded that potential disruptive effects of Doninger’s post, such as a threatened sit-in in protest of the cancelled event, were reasonably foreseeable and, as such, the claim was unlikely to succeed on the merits.
Seems like a pretty conservative decision. I thought petie would support it.
Trying to make trouble... again.
Nothing here... simple decision, "Don't disrepect your elders, you might have a better chance of getting your way." Or "Outsmart them, don't out mouth them."
Professor Jonathan Turley views the decision as part of a “steady eradication of student rights” and thinks the decision teaches a “foul lesson to these future citizens.” While he thinks that punishment is warranted when students use vulgar language or behave inappropriately, he thinks this punishment should come from parents and not school authorities.
I tend to agree, though I admit I have not read the actual case.
I have reservations about Sotomayor. She's most certainly qualified, and, as usual, the Republicans don't know what they're talking about. (Or they do, and are deliberately malicious. (Or both.)) But I fear that Sotomayor is the law student who rises to the top because she sees the "right answer" in the law. She's very good at deducing a logical answer from precedent, and thus impressing professors in school, and following precedent on the bench.
Of course, at the top level, she'll be free from having to. And we have no real clue as to what she'll do.
It wouldn't surprise me if she's the pivotal vote to overturn Roe and its progeny and offer deference to the National Security state with which even Sandra Day O'Connor was uncomfortable.
We'll just have to see, though. She's the president's pick. Absent a Borkian Ink Blot moment, she's as good as on the Court.
Posted by Liveliest Crib at May 29, 2009 10:35 PMI don't want to see Sotomayor confirmed until more Republicans have the opportunity to publish and broadcast their enlightened views on women and Latinas in the judiciary. Usually I can't stand the sound of their voices. On this one, though, I say please please please please keep talking.
Posted by James E. Powell at May 29, 2009 10:52 PMFrom Krugman:
"The thing that is really driving conservatives crazy, I think, is that their identity politics just isn’t working like it used to. Their whole approach has been based on the belief that Americans vote as if they live in Mayberry, and fear and hate anyone who looks a bit different; now that the country just isn’t like that, they’ve gone mad."
That describes you, doesn't it pete? During the ray-gun and chimp years you died and went to gop heaven, AKA Mayberry...
news flash genius..
This country has never been or will be your 50's fantasy world...the right has been living in a delusion all that time and dragging as much of the rest of the planet down with it as possible...
although I seriously doubt you and the other repulikkkon's will ever, as much as glimpse reality, the world is going to get even more painful for your bunch...
and there are many of us who're going to enjoy watching you all grow even more mad as your delusions keep crashing down..
you all are responsible for a great deal of death and destruction; you also appear to have enjoyed the chaos you have caused....
now feel free to enjoy as it is all corrected.....
That's an interesting case - so how many of you have been in similar circumstances? (I have - it's an interesting introduction to politics to have a Vice-Prinicipal gaming an 8th grade student council election against you)
As Seven said - Nothing here... simple decision, "Don't disrepect your elders, you might have a better chance of getting your way." Or "Outsmart them, don't out mouth them." Those old farts can unfortunately read the Internet - if you're organizing against them, you still need to do it word-of-mouth.
It's interesting - how many justices of the Second Circuit who heard the case were Baby Boomers? And they fell back on arguments of authority and the necessity of order in the classroom? Irony, sweet irony.
And Sotomayor & the court took the obviously easy way out in stating that there was no means of rectifying or easing the wrong of school administration and chucking the case.
Posted by idiosynchronic at May 30, 2009 06:39 AMKrugman doesn't describe me headcase with your quote. Her nomination isn't driving me crazy. I'm for it, confirming her right now. She is the "best" person for the job right now.
As for reality, we face that every time we pay our bills and taxes. The bills/taxes keep going up and we have less to show for them. Any green technology I invest in will not be to combat man made global warming. It will be to reduce our payments to others, to cut down on our monthly bills.
This Republican has had to be careful with the work car. Driving a high mileage car is a necessity for my income level and I've done my best trying. Whether it's the old Datsun B-210, the Datsun 310, other Nissans or the Honda Civic I now drive. I love my Civic EX, what a car.
Posted by peter at May 31, 2009 09:01 AMshit-fer-brains pete you can explain how practical and moderate you allege to be til your blue in the face and it won't make any difference..
facts are you blow thru here with bullshit posts of puke talking posts straight from the likes of malkin and drudge on a several times a day basis..you're nothing but a right wing wing propaganda shill/whore...
you continue to apologize for the likes of scum like cheney and his pet chimp continually while laughing at global warming probably because al gore fights it...
try and show how logical and moderate with posts on wind generation all you want and below it is another racist puke criminal apologist..just because others engage you doesn't change your fascist stripes....you're a scumbag petie and fool very few here...go pitch your crap elsewhere asshole...
Posted by headxray at May 31, 2009 11:15 AM