Disturbing Litigation of the Day

**Lew** · December 13th, 2006, 07:26 PM

http://news.aol.com/topnews/articles...00010000000001

I say of the day, because I'm sure tomorrow there will be more crap.

OK obviously there are some questions I would have to have answered before I could provide a full analysis. But based on this article alone.....it seems to me that the mother is suing under a theory that the school has to include her son's photo in the yearbook.

For what it's worth, I agree that the picture is harmless, and it seems like a rather silly policy on the part of the school.

That said.....the yearbook is (presumably) and official publication of the school. Therefore, they are free to choose what they do or do not want to include it. No one's first amendment rights are being violated because schools are not held to the same standards. I've seen cases where some 8th grader whines because the student newspaper wouldn't publish her article. While I applaud her civil disobedience, the fact is, schools have (and should have) discretion over what they want to include in their media.

Same thing here. Ridiculous or not, it's their decision. And how this mother has been wronged, I have no idea.

Again, there are unmentioned issues that would have to be addressed, so everything I say comes with an asterisk. But how the public doesn't understand the discretion of schools, I have no idea.

**jumper69** · December 13th, 2006, 11:56 PM

Geez, that boy is FLAMING!!!! [img]graemlins/rainbow.gif[/img]

Greg, what say ye?

**LanDroid** · December 14th, 2006, 12:08 AM

Nice weapon! OK, so the school can control photos, but could they possibly come up with a more idiotic reason for banning this one? Zero tolerance for weapons = not even a photo of a sword in a yearbook? Do they allow students to read Shakespeare? Lots of swordplay as I recall...

I also like this part at the end of the article "theatrical plays at the school have included prop weapons and that the mascot - a patriot - is depicted on school grounds and publications as carrying a weapon." [img]confused.gif[/img]

How long before this case becomes the subject of a Bill O'Reilly memo? [img]graemlins/devil.gif[/img] Or a Nancy Grace rant? I give it 24 hours.

Law Dawg, is Greg's GayDar more accurate than The Big Sexy's? [img]graemlins/angel.gif[/img]

[ December 13, 2006 08:11 PM: Message edited by: Hamlet ]

[ December 13, 2006 08:14 PM: Message edited by: King Lear ]

[ December 14, 2006 02:43 AM: Message edited by: LanDroid ]

**gae** · December 14th, 2006, 03:57 AM

Points off to Lew for not taking the time to link properly. We'll vote on his continued membership next week, OK? (I'm thinking $20 to each of us and he can stay.)

**Lew** · December 27th, 2006, 01:22 PM

Lan-

I agree, it does sound like a ridiculous policy and I wouldn't have a problem if the mom tried to bring public attention to it in order to effect some kind of policy revision. For that matter, I don't really disagree with any of your thoughts. My only point was, I fail to see how she has any legal standing whatsoever and as a judge, I would commend her for her efforts but I'd have to send her lawsuit the way of the XFL....