Sotomayor Not Pro 1st Amendment

[Roadie]

From: Sotomayor Ruled in "D-Bag Case" | NBC Connecticut

Sotomayor Ruled in "D-Bag Case"Ruled teen's blog post created a created "foreseeable risk of substantial disruption"

By YVONNE NAVA and LEANNE GENDREAU
Updated 12:16 PM EDT, Thu, May 28, 2009
Related Topics:Sonia Sotomayor

President Barack Obama’s nominee to fill a Supreme Court vacancy has yet another tie to Connecticut. She sided against a student in the infamous “douche bag” case, and that has upset some free-speech advocates.

In August 2007, Judge Sonia Sotomayor sat on a panel that ruled against an appeal in Doninger v. Niehoff.
Avery Doninger was disqualified from running for school government at Lewis S. Mills High School in Burlington after she posted something on her blog, referring to the superintendent and other officials as "douche bags" because they canceled a battle of the bands she had helped to organize.
The case went to court and in March 2008, Sotomayor was on a panel that heard Doninger’s mother’s appeal alleging her daughter’s free speech and other rights were violated. Her mother wanted to prevent the school from barring her daughter from running.
Sotomayor joined two other judges from the 2nd Circuit in ruling that the student’s off-campus blog remarks created a “foreseeable risk of substantial disruption” at the student’s high school and that the teenager was not entitled to a preliminary injunction reversing a disciplinary action against her, Education Week reports.
In their opinion, the judges said they were “sympathetic" to her disappointment at being disqualified from running for Senior Class Secretary and acknowledged her belief that in this case, “the punishment did not fit the crime.”
However, the judges decided they were not called upon to determine if school officials acted wisely.
“As the Supreme Court cautioned years ago, “[t]he system of public education that has evolved in this Nation relies necessarily upon the discretion and judgment of school administrators and school board members,” and we are not authorized to intervene absent “violations of specific constitutional guarantees.”
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• "D-Bag" Bill Heads to Senate
• "D Bag" Bill Would Protect Online Free Speech
• Judge Ends Free Speech Argument

The ruling in this case has come under heavy criticism from some civil libertarians. Some say this case presents a solid rationale for rejecting Judge Sonia Sotomayor of New York’s Second Circuit Court of Appeals to fill the seat of retiring Justice David Souter.
“The continual expansion of the authority of school officials over student speech teaches a foul lesson to these future citizens,” Jonathan Turley, a law professor at George Washington University, told the New Britain Herald. “I would prefer some obnoxious speech [rather] than teaching students that they must please government officials if they want special benefits or opportunities.”
Copyright Associated Press / NBC Connecticut

Wow, calling someone a douchebag on here just got me a warning, not barred from any INGO Events, (or perhaps a future moderator spot? lol)

Seriously though, the more I read about her, the scarier she gets.

 

[mettle]

She will be 'pro' for any amendment, which is why she was picked... spineless and having a loss of ethics and morals is very popular these days... why do you think America voted for Obama?

From: Sotomayor Ruled in "D-Bag Case" | NBC Connecticut

Wow, calling someone a douchebag on here just got me a warning, not barred from any INGO Events, (or perhaps a future moderator spot? lol)

Seriously though, the more I read about her, the scarier she gets.

 

[hornadylnl]

No, as a democrat, she will defend the rest of the bill of rights.

 

[mike8170]

She is anti-first, and second amendments, definately. Just look at her record. But, she is possibly Pro-Life, so we need to let everyone that is a liberal know that, and let the Dems tear her up on their own. Andrew Wilcower has the right idea, divide them on their own agenda's, set back, and reap the rewards. The White House doesn't even know if she is pro-life or not, and it is making that little dweeb that is the press secretary stutter and stammer whenever the question is asked.