Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!

Where do one person's rights stop and another person's begin?

Posted by on Feb. 22, 2012 at 12:26 AM
  • 114 Replies
1 mom liked this

I am currently taking Media Law as part of my Communications degree(last semester before I graduate woo hoo!)  Part of our readings and films have been largely based on First Amendment rights and landmark cases that have gotten us to where we are today. 

The case of Chase Harper stood out at me...With sharply divided opinions among its three judges, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a ruling striking down a California student's right to wear a t-shirt opposing homosexuality.

In April 2004, Tyler Chase Harper, a student at Poway High School near San Diego, Calif., wore shirts to school on two days bearing separate messages: "I will not accept what God has condemned" and "Be ashamed, our school embraced what God has condemned." On the back of the shirts were handwritten: "Homosexuality is shameful, 'Romans 1:27.'"

On the second day, school administration requested Harper change his shirt. The student refused. Consequently, Harper spent the rest of the day in the school's front office versus being suspended as the student requested.

Harper, through his parents, filed a lawsuit on June 2, 2004 against Poway Unified School District and specific school officials, alleging a breach of his right to free speech, free exercise of religion, the Establishment Clause, the Equal Protection Clause, and the Due Process Clause. On July 12, 2004, Harper filed a preliminary injunction against the school to stop the "continuing violation" of his constitutional rights.

In his dissenting opinion against the majority decision, Judge Alexander Kozinski drew attention to the fact that the student "did not thrust his view of homosexuality into the school environment as a part of a campaign to demean or embarrass other students. Rather, he was responding to public statements made by others with whom he disagreed."


My question is... Does Chase Harper have the right to wear this shirt?  One Attorney in the film Shouting Fire:Stories from the Edge of Free Speech made a comment that keeps turning over in my mind... "We as a people are guaranteed the right to free speech.  We are not however promised the right to not be offended."

What do you think?

Posted by on Feb. 22, 2012 at 12:26 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies:
opinionatedmom
by Member on Feb. 22, 2012 at 12:29 AM

 wow popcorn? this one is going to be a doozy

young_lv_mom
by Member on Feb. 22, 2012 at 12:31 AM
3 moms liked this
I think he had as much right to wear the shirt as another student had the right to wear a shirt saying "F--k Godl" (it's not my religion but I don't want to offend people so I used the -). In other words, no.
Posted on CafeMom Mobile
BlueRay
by Bronze Member on Feb. 22, 2012 at 12:32 AM
3 moms liked this

Yes, the only thing we have control over is our reactions to others, not others themselves.

BlueRay
by Bronze Member on Feb. 22, 2012 at 12:32 AM
1 mom liked this


Quoting young_lv_mom:

I think he had as much right to wear the shirt as another student had the right to wear a shirt saying "F--k Godl" (it's not my religion but I don't want to offend people so I used the -). In other words, no.

Someone should have the right to wear that shirt as well.

Lorraine6969
by on Feb. 22, 2012 at 12:32 AM
Quoting opinionatedmom:

 wow popcorn? this one is going to be a doozy



phoebe81
by Member on Feb. 22, 2012 at 12:33 AM
4 moms liked this

I think he had the right to wear the shirt. I think it was tasteless and tacky and I have no respoect for him as a person, but there are offensive t-shirts all over the place. We can't put a dress code on the world :P.

That being said, if the school had a policy in place that forbid certain types of clothing, including offensive pictures and writing, then no, he had no right to wear the shirt. 

 toddler girltoddler boy
No one else will ever know the strength of my love for you. After all, you are the only one who knows what my heart sounds like from the inside.    


young_lv_mom
by Member on Feb. 22, 2012 at 12:34 AM
1 mom liked this
The reason for the view is because it's at school, just like one could not wear something like that to most jobs. if it was the mall our else where then he should have every right.

Quoting young_lv_mom:

I think he had as much right to wear the shirt as another student had the right to wear a shirt saying "F--k Godl" (it's not my religion but I don't want to offend people so I used the -). In other words, no.
Posted on CafeMom Mobile
phoebe81
by Member on Feb. 22, 2012 at 12:35 AM

Yup, I'm a Christian and I find that offensive and sad, but I certainly wouldn't be trying to...ahem...take the shirt off his back.


Haha, I crack myself up :D

Quoting BlueRay:


Quoting young_lv_mom:

I think he had as much right to wear the shirt as another student had the right to wear a shirt saying "F--k Godl" (it's not my religion but I don't want to offend people so I used the -). In other words, no.

Someone should have the right to wear that shirt as well.


 toddler girltoddler boy
No one else will ever know the strength of my love for you. After all, you are the only one who knows what my heart sounds like from the inside.    


.Bubbles.
by Silver Member on Feb. 22, 2012 at 12:46 AM
2 moms liked this

There have been several court cases that have ruled in favor of schools saying that they have the right to create policies that hinder free speech if that form of speech goes against certain criteria.  In this case however there was no policy in place saying he could not wear the shirt.  He chose to wear it on a "day of silence" created to support gay students.  He did not want to support that cause and chose to protest by doing this to his t-shirt.  I don't agree with his opinion but I'm not sure I agree with the censorship of his opinion.

Quoting phoebe81:

I think he had the right to wear the shirt. I think it was tasteless and tacky and I have no respoect for him as a person, but there are offensive t-shirts all over the place. We can't put a dress code on the world :P.

That being said, if the school had a policy in place that forbid certain types of clothing, including offensive pictures and writing, then no, he had no right to wear the shirt. 


.Bubbles.
by Silver Member on Feb. 22, 2012 at 12:47 AM

Doubtful... it isn't about abortion or PA.  Seriously, I posted this here because I respect the opinions of many of the ladies here.

Quoting opinionatedmom:

 wow popcorn? this one is going to be a doozy


Add your quick reply below:
You must be a member to reply to this post.
Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!
Advertisement