more on You mean postings to MySpace aren't private? Who knew?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Joel M Snyder <Joel.Snyder () Opus1 COM>
Date: March 28, 2006 1:38:48 PM EST
To: dave () farber net
Cc: ip () v2 listbox com, stevenstevensteven () gmail com
Subject: Re: [IP] more on You mean postings to MySpace aren't  
private? Who knew?

The First Amendment reads:

"Congress shall make no law ..."

A private school is not making laws, and if it is truly private, then  
it operates entirely within the law---but with whatever policies it  
wants.  There is no law that says "A minor has the right to free  
speech." There is only a Constitutional amendment that says "Congress  
[and, by extension, the states] cannot make laws which abridge  
freedom of speech."

A private entity can do whatever it wants, because people have the  
option to participate or not.   If you don't like the policy of the  
private school you send your child do (like "must wear adorable plaid  
uniform and tie every day") then you are free to change to another  
school.

Private entities can do whatever they want, as long as they break no  
laws.  There are golf clubs in Georgia that were in the news recently  
that do not admit women.  As they are private, that's their prerogative.
A mosque could refuse to admit women who are not wearing chador.  A  
Mormon Temple won't admit you at all to certain ceremonies and parts  
of the building if you're not Mormon.

There is no unalienable right to free speech.  The unalienable rights  
are to life, liberty, and the pursuit of happiness, if you want to  
kepe your terms together.

In fact, if you read the Constitution carefully, you'll also discover  
that there is no "right to privacy" (although Griswolf v.  
Connecticut, in 1965, is where such "penumbras and emanations" were  
found to emanate from the Bill of Rights by Justice Douglas, giving  
us the right to use contraceptives).

jms

David Farber wrote:
> Begin forwarded message:
> From: Steven Hertzberg <stevenstevensteven () gmail com>
> Date: March 28, 2006 1:15:37 PM EST
> To: dave () farber net, ip () v2 listbox com
> Subject: RE: [IP] You mean postings to MySpace aren't private? Who  
> knew?
> "Private schools, however, are not bound by the First Amendment  
> right to
> free speech"
> What about the statement above am I not understanding?  Can  
> someone  please
> explain to me how a school, private or otherwise, can penalize   
> someone for
> exercising their unalienable right to free speech.
> ________________________________
> Steven Hertzberg
> http://www.hertzberg.org
> -------------------------------------
> You are subscribed as jms () Opus1 COM
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--
Joel M Snyder, 1404 East Lind Road, Tucson, AZ, 85719
Phone: +1 520 324 0494 (voice)  +1 520 324 0495 (FAX)
jms () Opus1 COM    http://www.opus1.com/jms    Opus One


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