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  1. #1
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    Default First Amendment Rights

    Soudy, your question is quite fair. I believe cyjeff believes that your First Amendment right is out of line. I can’t imagine why, but apparently we all should cater to any government enacted law, rule, or instruction without question and suffer the consequences.

  2. #2
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    Default Re: Confiscation of Property for the Entire Year. Violation of the 4th?

    Quote Quoting LawMan
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    Soudy, your question is quite fair. I believe cyjeff believes that your First Amendment right is out of line. I can’t imagine why, but apparently we all should cater to any government enacted law, rule, or instruction without question and suffer the consequences.
    Lighten up, Norma Rae.

    if you don't have anything to add other than to thrust your tiny fist in the air while you scream "Power to the People", you aren't really contributing.

    And yes, I truly believe that the taking of a cell phone equates to a belief that any and all law, rules and instructions should be blindly followed - smell that? It is the sweet smell of sarcasm.

    Jesus, drama much?

    That would be the most impressive use of a stupid exaggeration to prove a non point I have ever heard. Usually, a leap of judgement that big involves a safety line and a net.

  3. #3
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    Default Re: Confiscation of Student Property for the Entire Year

    Although a 4th Amendment right is in question, it is apparent that the 1st Amendment rights are to be squelched. It seems that the very purpose of the Forum is questionable when people cannot express opinions under the very purpose of what this forum was designed to do. My post defended the creator of this question from what would appear to me to be condescending remarks. Soudy’s right to question is valid – do the Forum’s moderators really dispute this?

  4. #4
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    Default Re: Confiscation of Student Property for the Entire Year

    You don't have any First Amendment rights in a private forum.

  5. #5
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    Default Re: Confiscation of Student Property for the Entire Year

    Although a 4th Amendment right is in question, it is apparent that the 1st Amendment rights are to be squelched. It seems that the very purpose of the Forum is questionable when people cannot express opinions under the very purpose of what this forum was designed to do. My post defended the creator of this question from what would appear to me to be condescending remarks. Soudy’s right to question is valid – do the Forum’s moderators really depute this?

  6. #6
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    Default Re: Confiscation of Property for the Entire Year. Violation of the 4th?

    Quote Quoting Baz744
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    This has everything to do with the 4th amendment to the Constitution, assuming it's a state school doing the seizing of the property. It's legitimate legal question as to whether the state's seizure of the property is reasonable. It can be resolved by the courts, but it would be very expensive to do so.

    My take, without doing actual research, is that:

    a) the state's policy against electronic devices in classrooms is reasonable because it serves the legitimate interest of preventing classroom disruptions,

    b) the state's policy of "3 strikes" before confiscating the property for the entire school year will probably be held reasonable by our increasingly conservative judiciary. I'm iffy on it myself. But right-wing judges are gonna uphold the authority figures over the miscreants most of the time.
    Do the research. I already have. Three months ago.

    Quote Quoting LawMan
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    Although a 4th Amendment right is in question, it is apparent that the 1st Amendment rights are to be squelched. It seems that the very purpose of the Forum is questionable when people cannot express opinions under the very purpose of what this forum was designed to do. My post defended the creator of this question from what would appear to me to be condescending remarks. Soudy’s right to question is valid – do the Forum’s moderators really depute this?
    You seem to be in some confusion over what the first amendment says.

    I recommend you read it. See who is bound and freed by it.

    Then come back and apologize and all will be forgiven.

  7. #7
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    Default Re: Confiscation of Student Property for the Entire Year

    Quote Quoting Mr. Knowitall
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    You don't have any First Amendment rights in a private forum.
    Shhhh....

    I want him to read it for himself!

    That way, the next time he starts screaming about "rights", maybe he will actually know what he is talking about.

    Quote Quoting LawMan
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    Although a 4th Amendment right is in question, it is apparent that the 1st Amendment rights are to be squelched. It seems that the very purpose of the Forum is questionable when people cannot express opinions under the very purpose of what this forum was designed to do. My post defended the creator of this question from what would appear to me to be condescending remarks. Soudy’s right to question is valid – do the Forum’s moderators really dispute this?
    Who is going to protect you from condescending remarks, Sparky?

    I will give you a hint... it ain't the Constitution.

  8. #8
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    Default Re: Confiscation of Property for the Entire Year. Violation of the 4th?

    Quote Quoting cyjeff
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    You seem to be in some confusion over what the first amendment says. I recommend you read it. See who is bound and freed by it. Then come back and apologize and all will be forgiven.
    I have read it. I suggest you read it. You may be enlightened.

  9. #9
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    Default Re: Confiscation of Property for the Entire Year. Violation of the 4th?

    Quote Quoting LawMan
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    I have read it. I suggest you read it. You may be enlightened.
    I hinted. I even offered you the opportunity to apologize.

    Oh well...

    The first amendment simply doesn't apply when one citizen "condescends" to another citizen.

    It doesn't. Not even a little. Can't even see it from here.

    The GOVERNMENT may not restrict speech... but even that has limits (I can't call 911 without cause, for instance)... but NOTHING in the Constitution has ANYTHING to do with person to person communication.

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    NOTHING.

    WHATSOEVER.

    EVEN IF.

    You should learn that when several senior members tell you that you may want to check your sources, check your sources.

    Especially about something as fundamental as the Constitution.

  10. #10
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    Default Re: Confiscation of Property for the Entire Year. Violation of the 4th?

    First of all, senior member is not analogous to knowledgeable. This has been made obvious.

    Secondly, my original First Amendment right reference, (conveniently removed), was in response to Soudy’s right to question. Let me see, question who, the Government’s Policy! Now that you have read the First Amendment, try the Fourth. Maybe then you can use your “senior” intelligence to understand it. It totally applies! And if you still doubt it, maybe you should refer to other “senior” member’s statements since you regard that title so dear:

    http://www.expertlaw.com/forums/showthread.php?t=44715

    BOR and LawResearcherMissy seem to disagree with you in this reference despite BOR responding in the current thread. They are senior as well. There is a difference in achieving ten years of experience and repeating one year ten times over.

    Thirdly,
    Quote Quoting cyjeff
    View Post
    Do the research. I already have. Three months ago.
    If you have done the research, maybe you could share the case law that supports your belief. It should be relatively simple since the research has already been done.

    Lastly, it is quite convenient to suppress statements as you see fit on this forum. It makes your attempts to look good convenient as well.

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