Justice Thomas writes: "As originally understood, , the Constitution
does not afford students a right to free speech in public schools."
``There weren't any public schools to speak of until the 1840s or so...'' AD
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But I have a question from the legal beagles out there. Since this was public school, do these sorts of decisions extend to public education systems in general. For example, technically a lot of the California Community Colleges are part of the public school districts. And of course the State and University systems are also public education, public schools as it were.
So if one of these latter systems decided to make up rules against certain kinds of student conduct, say speeches on campus about drug use would that kind of speech be found to fall under this decision?
A more likely scenerio here is if one of the Jewish student clubs charged its Palestinian rivals with anti-semitic speech, or hate speech, and the campus administration sided with the Jewish club. Based on that, let's say the administration prohibitied the Palestinian club from holding a campus rally for Palestinian rights. What recourse would the Palestinian club have under this decision?
The above example did come up here, brought on by David Horowitz who tried to stir up an free speech controversy with the Palestinian student org and the Middle Eastern Studies department accusing them of anti-semiticism. Thankfully, the administration, and most of the students just ignored him....
CG