In the Dec. 18 Slate Political Gabfest, the three liberal hosts discuss a case (also discussed here by host Emily Bazelon) of whether a high school could “punish” a student who posted a YouTube video mocking and insulting a fellow student of the same high school. The mean girl was suspended for 2 days (some punishment!) and of course sued for violation of her “right to free speech.” The case apparently turned on whether the mean girl’s out-of-school actions “caused a substantial disruption of the school’s activities.” And the Slate pundits seem to have no problem with this framing of the issue.
Incredible as it may seem, the quite obvious solution never seems to occur to them: and that is that the issue is now what the school’s policy should be, but what the law should be. A school has the right to allow or disallow, to suspend or expel, or to set rules for same, on any grounds they want. If a school chooses to permit students to use its private property only if they comply with certain rules of conduct (whether on or off campus), that is the school’s right. Period. It has nothing to do with free speech. Free speech only means the state itself may not use force of law to censor or regulate speech. The right against the state committing this form of aggression has somehow been transformed into a right to use others’ property even if they don’t want you there. (Arguably if the school was public, some of the restrictions that apply to the state could apply to it; I can’t tell whether it’s a public school here or not, but apparently neither do the Slate pundits, who seem to think this is irrelevant, and would favor such a lawsuit even against a private school.)
1:57 pm on December 18, 2009
