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1st Amendment and Free Speech/Freedom of Speech
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Question
I am in California, my son is in High School, and he was punished because he asks two of his friends if there were going to slap box after school. This was something that the two boys have been talking about during school and my son wanted to know if there were for real. My son had no involvement in the slap boxing process he was just an onlooker like the rest of the twenty kids. Was his freedom of Speech violated and was there justification to punish him just because he asked the question?
Hi Chris,
Unfortunately, I cannot provide specific legal advice in this forum. Generally speaking, schools have the right to punish speech reasonably deemed disruptive. If officials determined (rightly or wrongly) that your son's question was encouraging such a fight, it could be punished. If you think it was an attempt to suppress his right of free expression, you may want to contact your local ACLU and get an attorney to review the merits of such a claim.
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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