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Author Topic:   Should we let Bill Frist & Co. change the rules of the senate ?
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 222 of 256 (212625)
05-30-2005 11:30 AM
Reply to: Message 216 by Rrhain
05-30-2005 7:47 AM


Re: Rrhains good answer
Actually I understood the mechanics, and the intent. I was more or less questioning how important that one mechanism would be. One could use other mechanisms as well.
I'm not criticizing it, just saying it isn't as useful or necessary to the point at hand as the other points you mentioned.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 216 by Rrhain, posted 05-30-2005 7:47 AM Rrhain has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 223 of 256 (212630)
05-30-2005 12:05 PM
Reply to: Message 221 by crashfrog
05-30-2005 10:15 AM


Why else would the school be in a position to moderate the speech of that student?
To protect the school function from disruptions, or make sure fun is had by all?
Of course the student is acting as a state agent. Let's not be ridiculous, ok?
If this is the level of argument you are going to continue with, reassertion and ad hominem, let's end it.
Otherwise come up with some valid points to show why a student at a function is necessarily an "agent" of the school system and everything they say is an "endorsement" of a position.
I have already offered you the counterexamples of school dances, parties, and I could add plays. A student "represents" the school in a different way than the officials "represent" the school system. You are equivocating.
So, what you're saying is, it's impossible to talk about the Bible without it being religion?
Huh? I don't understand what your point is or where you derived that from what I said.
It's a hell of a lot better than the argument from ignorance we're currently engaged in.
Uhhhh... I am not using the argument from ignorance. Where did I say I don't know something therefore it must not be?
the judge had an opinion, and he/she is the only party here actually apointed for the purpose of delivering legal opinions.
Laws are made by and for the people. The founders of this nation were not lawyers and judges. They were simply smart people. If you can't understand the law enough to speak intelligently about it, then drop out of the conversation.
Now I am wondering why you even brought up the case you did... just to bitch and moan? Hey everybody this sucks and it may be against the Constitution, but I don't know and can't really say???
And I'm not a lawyer. It's entirely possible that there's a finer point of law that's simply beyond me. Unlike some around here I don't presume that my expertise extends to literally every field of human endeavor.
You do not have to be a lawyer, nor a judge, to know enough about the law to address certain cases, especially when dealing with CONSTITUTIONAL LAW. Let me give you a hint, you need to know the CONSTITUTION, and the law or ruling under question, and some SCOTUS (or trends within them).
My expertise does not extend to all forms of human endeavour. I can point you to threads where I admit I do not have knowledge in a field and require more info.
Law in general I have a bit of experience with as my step family was composed entirely of lawyers. Free speech issues, and Freedom of religion issues, I have experience dealing with directly through my education and into my business dealings. I'm sorry you don't have that experience. Or enough to speak intelligently on the subject.
Don't drag me down to your level just because you can't come up with an answer to a question or criticism.
If I impersonate a police officer, I'm subject to the same restrictions on the gathering of evidence, etc, that don't apply to private citizens.
If you impersonate a police officer, in most places you will be commiting a crime and get arrested. In some states if you investigate a crime and you are not an officer you are NOT bound by the same restrictions even if it goes to court. However if you are hired by them, then you will.
In any case, if you speak at a police benefit and mention a "thanks to God" for having made it through all the tough spots you were in, the police department is not liable for having violated anyone's religious rights.
Clearly the terminology we're employing has gone right over your head.
No, it's not. What's funny is that you have avoided my direct questions as well as teh fact that I have changed my position to not challenge the ruling given that I was NOT sure about surrounding details (which is why I am not making an argument from ignorance) of what she was suing for and if she was suing the right people. My cirticism was the Judge's denial her speech was infringed upon, as well as (and more importantly) your claim that if she had sung the song it would have been a violation of your constitutional rights.
Correct me if I am wrong, but that article in no way shape or form suggested that he would have violated your rights by allowing her to sing, or that she would have violated your rights if she had sung. They simply backed up that he did not violate her rights by denying her ability to sing.
You can really do better than this crash. I didn't even start insulting you, so I know I didn't deserve the insults.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 221 by crashfrog, posted 05-30-2005 10:15 AM crashfrog has replied

Replies to this message:
 Message 226 by crashfrog, posted 05-31-2005 1:29 AM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 225 of 256 (212677)
05-30-2005 3:33 PM
Reply to: Message 215 by Rrhain
05-30-2005 7:35 AM


Depends on context. As sung in the way that John Lennon did it, no.
The question gave the context of a teen using up time alotted at a mic on graduation day. Now answer the question.
John Lennon's song is not an atheistic song because Lennon is not an atheist. He was speaking to his own spirituality and thus, it cannot be an atheistic song as he envisioned it.
I see, then it would be unconstitutional because it was religious in nature. My mistake.
No, it doesn't. It simply asks you to imagine.
Hey, dude. I know the song and I get what he is saying. He asks you to imagine that there are no things that certain religious types hold quite true, and then suggests that without such "trappings" the world would be a better place.
I really like that song, I really like his message. But I'd be less than honest if I were to say that it did not suggest the denial of certain religious tenets and so be offensive to some people on religious grounds.
From what I can tell, nobody here knows what the song was.
I did, others may not. I do not understand the Italian parts (or whatever the other language is).
but this is a pretty big text to have to overcome contextually to make it something other than a great, big paean to god.
What god? Can you honestly tell me what God, or Gods, or religious tenets I am to ascribe to? Your assertion was that this song was a religious ceremony, a worship service. I think the text shows that it is clearly not such a thing.
It is a general (rather bland) exercise in describing her feelings about faith.
That the generic entity which gives it to her appears to be male, and above, is hardly going to make people of various religions upset.
My guess is Dion is probably Xian and so the entity she gets her faith from is God (though I am not certain it is the evangelical God), and the girl appears to evangelical so my guess is her inspiration is that God. But to a crowd of people who have little idea who she is, the text could mean anything.
In any case, it is NOT a service.
Not mentioning god is not an insult.
Demanding that others never mention God, including during moments where they are going to express personal emotional opinion (like say a graduation ceremony) is an insult.
I agree there is a degree of mentioning religious belief where it crosses into disruptive behavior... proselytization.
Mentioning God is not always that and not always an insult.
That's a problem rabid atheists have, they believe any mention of personal faith is an insult and often a violation of their rights.
So? Since when did the world need to be for children? Why can't the adults have something that isn't for the kids?
How does this answer my point at all? There is no truth to your statement that songs with such content are currently prevented from sale to minors. Deal with the point.
On a wholly new topic, you are now fully advocating censorship, even outside the state facilities? Scratch a kneejerk liberal, find a fascist!
The students can nominate whomever they wish. It doesn't mean diddly. The administration has final say and reserves the right to change any speaker for any reason. It's their ceremony.
Gee, I guess that's why I already said that I had changed my position on the ruling. Since they usually have the power to deselect for various reasons, being overcautious could be one of their valid reasons.
What that does not mean however, is that if they had allowed the girl to sing, that she would have been an agent of the state or selected by them to give a specific message which they endorse.
Just because an entity refuses to invoke a proscriptive power they might have, does not mean they endorse everything which passes through.
Do you honestly believe that? Do you honestly believe that if the students chose a speaker the administration couldn't abide, they'd simply bow to the will of the student body and not assert their right to determine any and all actions that will take place at said ceremony? Just who do you think is running the show?
Yes, WHERE I CAME FROM, a speaker DID get on that the administration didn't abide because of student pressure. There were also things SAID that they did not like.
Yes, they would not allow a disruptive event to occur. They even threatened to withhold diplomas for those who were rumored to be planning a particularly disruptive event.
Because they prevent disruption is not the same as having specifically chosen speakers nor forced words into their mouths, or nixed all words with which they might not wholly agree.
Boo hoo if your schools weren't like that, guess your schools really sucked.
Heck I was at one school function in Europe where a girl used the word "fuck" and overtly suggested she gave good blowjobs in a song. My guess is the administration wasn't endorsing that, but they ALLOWED it.
ALLOWANCE DOES NOT EQUAL ENDORSEMENT.
Constitutional rights are violated only if someone complains? How many students must be present for a school-sponsored religious ceremony to be unconstitutional?
No, rights can be violated even if no one complains, and I already answered the question about numbers needed to be present.
Strange, that's not what the SCOTUS said. You do recall the lawsuit against the students who used the PA system before the football games to deliver prayers. The speakers were chosen by the student body and yet the court still found that it was unconstitutional for the school to engage in such activity.
That is a different case and a different context. For a guy so hot for context, how could you miss the huge difference?
In the graduation ceremony an individual is stating their own personal feelings at that highly emotional moment, about their experiences, and their futures. It is an individual and isolated event.
Having prayers at football gameS, shows that it is an ongoing practice that is not an individual reflecting at a moment of posterity and (most importantly) is unquestionably a religious service.
So how does that make the people on that stage something other than agents of the school?
Allowance does not equal endorsement, it does not equal selection, it does not equal coaching of material. That's why people allowed on a stage do not act as agents of the school.
Given the specific lyrics and the specific singer involved, there is no doubt that this is a religious song.
It would then be up to the girl to show how she could make it something other than a religious song.
You could actually tell me what religion she was advocating? Those words could be accepted by most religions and generally spiritual people. It was generic.
Just because it contains a suggestion of personal religious belief (which I agree it certainly does) is not tantamount to a religious service. This was a vague description on the importance of faith to this girl. A very bland generic faith, and not of any set tenets.
Oh, they give the students the illusion of having some control over the events, but it is still an illusion. Nothing happens on that stage without it being choreographed by the administration. It happened to me, after all. I got yanked. If you think the administration ever leaves anything up to someone outside their control, you've got another think coming.
Heheheh... a definite view behind the curtain. In any case, your school is obviously not all schools. Though I would hope mine would have had the good taste reflected in the decision your school made. I can only imagine all the sighs, blinks, chuckles and ad nauseum statements that would have been inflicted on a poor unsuspecting audience.
A graduation speaker, however, is one who has been vetted by the administration. One who has been specifically given a platform with which to speak and one where if any of the students in the audience were to interrupt and tell the speaker to shut up, sit down, get off the stage, etc., would be rightfully ejected from the ceremony.
WRONG. That will depend on the school. Vetted to some degree, yes. Selected and made sure everything they say is in line with school endorsement... no.
As it happens there have been cases of people who have been interrupted and ejected from the ceremonies, including people specifically asked by the administration to come and talk. One recent incident was a veteran who decided to criticize the Iraq War during an address he was invited to give at graduation and "vetted" by the officials.
Irrelevant. She submitted the lyrics for approval and was turned down by the right of the school. What's her beef?
Actually this is why I changed my opinion about the decision and stated so a while back. Given all the reasons the principal has for violating people's rights to free speech, overcautioun with respect to church/state issues would seem to be valid.
So her beef was pretty small.
That does not however mean that if he had allowed it, it would have violated anyone's constitutional rights.
Oh, and to your comment, the administration asked her for the lyrics. She just said she wanted to sing (with another student). The administration then asked for a copy of the lyrics.
Oh, I apologize for shortening it so that I didn't explain why she submitted the lyrics. Not that it matters one bit to this conversation.
But at the time you wrote your statement, I hadn't entered the discussion. How could it possibly have been my question? Come on, holmes, try to keep up.
Hahahahahahahaha... whatta laugh. You responded to my post and split one half of my argument in order to ask a question that was answered if you had just read the rest of my argument. I was referring to your post and your question.
I have to be able to say no to every single religious idea you put forward in order to be truly free.
You do have that freedom. That is not the freedom FROM I was describing. You have been arguing a position that others may not put forward religious ideas at all. That is the freedom FROM I was knocking.
Acknolwedging the existence of god is necessarily a religious notion.
Now you are equivocating again. Yes, I freely admit that the song is religious in nature in that it certainly suggests there are forces beyond ourselves that can help us.
That is different than advocating a particular religion or deity.
The announcement that one believes in a religion and it has helped them, hardly forces anyone to know what faith you must follow, or that you even have to follow one.
Why does it matter? You can't be talking about god unless you give a specific name for that god?
Yes it matters. Read the Bill of Rights. The issue is with the establishment of a religion, or the usurpation of your rights to conduct your religious beliefs (or lack thereof). How does a personal statement which is totally generic with respect to identity of God and tenets establish anything or deny anything?
Did you or did you not use as justification for that claim that it isn't a religious song the fact that it simply uses the word "faith" and "prayer"?
Let me apologize for any confusion I may have caused. Since people were claiming this was a CONSTITUTIONAL issue, I was using "religious" and "religion" in the manner which it is used in the Bill of Rights. That is a body of beliefs and practices. Not the generic "religious" which is equated with "spiritual".
The song is clearly religious in the broad sense, but is clearly not religious in the stricter sense. It does not suggest any specific religion, or denomination of religion to follow. Thus it cannot act to help establish a religion, or abridge one's rights to one's own religious beliefs.
It uses specifically religious imagery. It was released by a religious singer. It is a religious song.
Then so is "Imagine", right? You said Lennon was religious, the song clearly used religious imagery, and was about (in part) religion.
George is talking about getting laid. Celine is talking about god.
Heheheh. That depends on how you look at it. Having watched the South Park episode where Cartman became a Xian singer, I can't look at spiritual music the same again. She could very well be talking about sex, and he could very well be talking about God.
In any case, the point I was trying to make was that "faith" does not point to anything specific. I suppose I was reaching with the Goerge Michael reference. I guess I should have gone for a Madonna song instead.
Remember...I'm an Air Froce brat. I'm from everywhere.
Well I can tell you where you weren't. Things must suck lots of places though. Maybe I just had things too good and took them for granted.
In any case you guys are hosers for not standing up for yourselves.
Oh, yes they are. The very idea of tolerance stems from etiquette. The enforcement of equal legal proceedings is the legal equivalent of tolerance. You respect the diversity by tolerating the differences.
You respect diversity by TOLERATING the differences. Perhaps you should reflect on what that means.
What is doesn't mean is people should mind that they do not offend others at all times by reigning in appearances of difference on matters of belief and action.
What it does mean is that when you see someone who differs with you regarding beliefs and actions, you let it slide and don't act offended.
Etiquette and laws kept gay and interracial sex, not to mention most sex of any kind, out of discussion and out of sight... and preferably in jail. We usually describe the process of more lenient laws and norms regarding sexual communication and identity as being Tolerant, and supportive of Diversity.
The same would go with regard to religion.
You are allowed to have whatever sex you want in private. You aren't allowed to have sex in public (theoretically...in practice, straight people can but gay people can't.)
Actually that depends on where you are. And those societies with greater freedom of expression of sexual acts, despite the fact that some might find it offensive, would be called what? More tolerant. What would they exhibit? More diversity.
I am? Since when did I ever say I was gay? I certainly don't recall mentioning it. I've been very careful not to say one way or the other in order to counter precisely the argument you are trying to use: That my statements are somehow related to my status.
Uhhhh, you sure do suggest it, if you don't come out and say it. I think you have used we on occassions when discussing gays or gay issues.
But maybe I'm mistaken. In any case I'm glad you finally recognize that one cannot judge a person's status from their arguments.
Tolerance and diversity also recognizes that there are times and places where it is inappropriate to engage in certain activities. Sometimes, illegal.
Not right here, not right now.
What a bunch of rubbish. Hey, all fundies are asking is that homosexual activity not be considered appropriate in public (not here, not now), and in some cases illegal.
Is that tolerant of diversity? No.
Excuse me? Since when did it become "intolerant" to refuse to accomodate boors? What a typical, right-wing statement: Refusal to accept intolerance is somehow labeled "intolerance." Since when?
You were refusing to accept her statements of personal enjoyment of faith, not a statement of intolerance towards other. Or are you suggesting there was something intolerant within those lyrics?
I am not at all suggesting that you put up with people acting intolerant with you. I am outright stating there was no intolerance that I could find in those lyrics, and conversely plenty of intolerance in your own position.
Your intolerance marks you as intolerant, not a lack of tolerance for the intolerance of others.
Then why did she sue? She wanted to sing a religious song. The administration said no. Somehow, she thought her rights were being violated. And yet you claim that this issue is a tiny, miniscule issue.
It is tiny to those who would have heard it, not to the individual being stopped from speaking. Big enough to go to court over? Not for me, but people have their own estimates of worth and resources to pursue their claim.
In any case, how does this prove that she is a person who can't go for 15 minutes without giving a sermon. I didn't make that character assessment/assassination. You did. Suing for the right to have sung what she wanted, because she felt the decision was discriminatory hardly makes one a zealot. As it stands she didn't bother continuing the suit through a full appeals process.
The lyrics. You did read them before you started in on this conversation, didn't you?
Without question I did. I even tried a couple sites trying to find a translation for the other words. Your insinuation to the contrary hardly makes me want to continue talking with you.
Look at those lyrics and explain to me how they are a religious ceremony? A worship service?
If you honestly see a religious service in those words then there simply is nothing else to say, as I honestly don't. But I'd love to have you explain what makes that a religious ceremony, or perhaps your definition of a religious ceremony?
Ah, so constitutional violations aren't really violations unless somebody says something and when they do, they're being jerks about it.
No, that is taking my words completely opposite from what they said. I said there can be constitutional violations that others would appeal for redress, and that I would not because I am more tolerant than most.
That does not at all say such violations are not violations, and that those who appeal for redress are jerks.
However I will admit there are cases of appealing to rights, which might be correct and yet people are jerks for pressing the issue.
Amazing how in this entire discussion, I'm the one who quoted the lyrics. Not you. Not crash. You, yourself, admitted that you didn't know who sang the song.
You are certainly the first who posted the lyrics, but that proves jack shit about when I first read them. By the way, when did I ever say I didn't know who sang the song? That was in the very first post the article was cited in.
Maybe you need to stop pretending you're a mind reader. What I can tell you for sure is that Crash admitted HE didn't read the lyrics, and that's what you suggested as well. On top of that you made statements which indicated an unfamiliarity with the article. That doesn't take a mindreading act.
I think the Constitution is the ultimate authority. I think the interpretational precedents are clear.
So do I. And one major precedent is that not all intepretational precedents are permanent, much less correct. As it is I believe my position is tied with current interpretation. I guess we won't know for sure until such a case as this hits the Supreme Court.
The acknowledgement of the existence of god is by necessity a religious ceremony.
That is ludicrous. Okay, you can have that overly broad definition of "ceremony" if you want, but that is not how most people use that term.
Usually "ceremony" involves some sort of ritual tied with specific tenets of a specific belief system.
What about spiritual belief systems that do not include gods?
What about spiritual belief systems that have multiple gods?
What about spiritual belief systems that are of the opinion that god doesn't care about your daily life?
I don't see any of these groups being offended or contradicted (especially the multiple God system) by the lyrics in that song. It is generic enough to be fitted to anything.
And more importantly, it does not suggest any single religion as the most appropriate one. Please point to the lyrics that show this.
I see the most qualifying terms being that the entity helping her is a "he" and "above". As far as I can tell that covers (is acceptable) to almost all polytheistic religions currently in practice, as well as the spiritual yet no god religions.
Just to let you know, I don't have so much time to answer your posts as they are currently being written. Can you please keep things short?
It seems to me the only important points are:
1) The subject of if her singing the song would have been a violation of your rights,
2) What makes that song a religious ceremony (or what is a ceremony in the first place)
3) What lyrics within that song count as an establishment of a religion
4) What makes a student an agent of the school system.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 215 by Rrhain, posted 05-30-2005 7:35 AM Rrhain has replied

Replies to this message:
 Message 227 by Rrhain, posted 05-31-2005 3:45 AM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 228 of 256 (212773)
05-31-2005 4:34 AM
Reply to: Message 226 by crashfrog
05-31-2005 1:29 AM


Because "agent" doesn't mean "employee". It's really just that simple. Student speakers who speak at the pleasure of their school, or who operate a student newspaper at the pleasure of the school, are state actors.
Tell you what, why don't you show me case law and SC decisions which support this concept of "agent", such that it would apply to any student who happens to get the floor at a public school event.
I have already offered you counterexamples, which you continue to dodge. But here it is one more time:
If this is true then everything said by students at dances, parties, talent shows, skit shows, plays, etc etc etc are considered to be acts of agents of the school and endorsed by the school.
According to you, Dion's song could not be played at any school function, along with most rock and roll music, correct?
That seems patently false given the nature (variety) of content found at all of these things. Allowance does not equal selection or endorsement.
Absolutely false.
When a principal tells a student they should behave because they "represent" the school, it is different than a teacher who "represents" the school system and its policies. One is figurative representation of the pride or spirit or honor of the school (a typical student from school X), while the other is a figure who has been given authority by the institution for institutional goals.
Here are the dictionary defs from Merriam-Webster for Representative:
1 : serving to represent
2 a : standing or acting for another especially through delegated authority b : of, based on, or constituting a government in which the many are represented by persons chosen from among them usually by election
3 : serving as a typical or characteristic example
4 : of or relating to representation or representationalism
A student at a ceremony or function giving their own opinion (or best effort for physical/mental competitions) would be 3 (or possibly 1). A teacher or other school official would be 2 as well as 1 and 3.
For sure, students can be delegated authority for institutional reasons and so become type 2 representatives, but that is not for every function (including the one under discussion).
No; to substantiate the growing trend of Christian interference in our private lives via the mechanism of the state. Remember?
But don't you get it? If you believe that judges are the only people able to make opinions about laws and decisions then your complaint is moot. How can "Xians" be "interfering", when a judge is telling you that this is an appropriate level of protection for children allowed by law? It is not about Xianity or interference, but actual legal protection mechanisms that are in place. After all he didn't create a law.
I got what you originally meant, and agreed with you. Your move to get out of the way of a criticism of another position has completely changed your ability to make your first point.
But in a fairly ambiguous case, some professional legal minds came to a different conclusion than you, one I find defensible.
That's funny because I thought I was arguing against your comment that it would have been unconstitutional if she had spoken, and NOT the decision of the court. I know I started out that way, but then specifically stated that I changed my position.
What I did disagree with, which was the heart of my disagreement with the decision and still remains despite my acceptance of the decision, is the comment by the judge that her right to free speech had not been violated. Well, actually it had been.
That a judge declares it has not been, does not make it so. That is what further decisions and the public at large will eventually decide on.
What was important, and so why I ended up agreeing with the decision is that while he had technically violated her free speech rights, he had the capacity to nix many others for many different reasons. Should an authority figure be held legally accountable for a technical breach of free speech when he is acting in good faith in an overcautious fashion, when he is also nixing other speeches for other reasons?
I feel the answer is no, but then guidance could have been made by the judge for future instances, which he did not actually do.
One might note that a judge (a JUDGE) specifically said that the case could have had a different outcome if the kid had addressed the issue of whether the principle had been leaving other speakers untouched. That could have shown he was only attempting to stop her speech.
Why does that drive you so goddamned crazy?
The only people apparently being driven "crazy" are you and rrhain. I am getting "frustrated" that you are both using really bad tactics to try and make your points, and continually calling my character into question. I am also "saddened" that it appears authority is going unquestioned, and tolerance is being undercut by people who make claims to questioning authority and advocating tolerance elsewhere.
Although you have seen an increase in the use of CAPS, and ????, and smart-assedness, you have not seen me losing my cool enough to avoid debate in the fashion you two have been doing.
You both can do better, and should do better.
I seem to recall retracting from that claim. Try to keep up, ok?
If you have retracted your position that her having sung the song would have been unconstitutional then indeed I have missed it. That would be my error. Although it then confuses me why you are continuing to argue your support for that position within this very reply to me.
If you agree that her having sung the song would not be unconstitutional (a breach of your rights) then we are in agreement and there is nothing more that needs to be said, unless you want to point out to me where I made the mistake of missing your earlier comment.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 226 by crashfrog, posted 05-31-2005 1:29 AM crashfrog has replied

Replies to this message:
 Message 232 by crashfrog, posted 05-31-2005 8:16 AM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 229 of 256 (212777)
05-31-2005 5:24 AM
Reply to: Message 227 by Rrhain
05-31-2005 3:45 AM


I will respond with as much rigor as I feel necessary. You are free to ignore my posts as you see fit. If you have something better to do, then do it. We've been through this over and over again, holmes. You have no control over me. Please stop trying. I am not beholden to you. That said, physician, heal thyself! If you don't want long responses, then perhaps you should refrain from writing 5-page, 2500 word responses.
While you are free to respond with all the vigor you can muster, I am informing you that there is a point where it is no longer useful. Indeed there are further restrictions on my time now, and as I will shortly be getting busier (even more so).
You should note that in response to your short post to me, you got a short response and it was only to your lengthy post that you received a lengthy reply.
The reason is that you make numerous points in your lengthy replies that I tend to feel like responding to. It is definitely a weakness of mine that I don't want to appear to be dodging a question, or somehow validating the point, by leaving something unanswered.
I will be more brief in any case, and was pointing out now how this might be helped by you, which in turn can only help you if you are actually wanting to discuss something.
I will also be trying something new. I will attempt to answer your post until you resort to:
1) A quote mine
2) Arguing against a position I did not hold or was answered if you just kept reading (fracturing my post for your own convenience)
3) Pretending you know anything about me and making up facts which are untrue about me
4) ad nauseum arguments
I did. It depends on context. "A teen using up time allotted at a mike on graduation day" is not sufficient to determine context. It will depened on what happens before and what happens after. It will depend upon any previous history the student has regarding such a subject.
So if you had an outspoken atheist, or a very spiritual person, wanting to sing "Imagine" the song would then be against your constitutional rights?
Why does it matter? The mere recognition of the existence of a god is necessarily a religious act.
Religious in the broad sense, not in the strict sense which you are using it as part of an "establishment of religion" and "conducting a religious ceremony".
You don't know? She's Catholic.
Hmmmm... That makes her an enemy of the fundies. So I guess she wouldn't be supporting that religion, yet someone from that religion could have used her song and felt okay. Same for just about every religion out there including the polytheists and Buddhists. This only furthers the point that it was not a specific religious ceremony, or (in context) used to establish a religion.
Why? Are you claiming that freedom of speech is absolute?
No it isn't, though I am for a very extensive freedom of speech. I will freely admit that it is one that differs (is more open) than most SC interpretations made within the last century, though is of the growing trend within the SC.
Not right here. Not right now.
Ahhhh, yes. And I should add to the list your ability to create mantras. That is not an argument. I can agree with it and yet have a completely different interpretation of what that means.
I am arguing that your position and thus your version of that slogan, is one of intolerance and repression and conformity, much like the fundies have used such slogans. Please don't repeat that slogan again, just argue what constitutes why not right here and right now.
It is unconstitutional whether it is insulting or not. Do rights only get violated when people make a fuss?
You will find that they did not decide her singing it would have been unconstitutional and that indeed she may have had a case if she had brought it in with a different focus on the principal's actions.
In any case, you are now switching back and forth. I was specifically replying to your comments about its capacity to "insult", divorced from its constitutionality. Please don't bebop back and forth between what position you want to discuss.
The fact that they have the right to put her on the stage at their pleasure is precisely because by putting her on the stage to speak, she is an agent of the school. The school's ceremony, the school's message, the school's presentation. Every single person involved is acting for the school.
Again, I am confused by your position on this. It is troubling enough that you believe allowance is equal to "putting" someone somewhere and filling their mouth with words that represent your position. But it seems you actually like that idea.
Maybe its just that I'm anti-authoritarian and thankfully grew up outside of institutions you have gone to, but the depiction above is not relevant to what went on where I was, and I would hate to see it imposed upon others.
The article mentioned that she could have made a different case based on the authoritarian level of control of the proceedings, which sort of supports what I am getting at.
But without an explicit caveat that "the opinions expressed do not necessarily reflect the opinions of the school," it is a reasonable assumption that the comments are endorsed.
No, actually its not reasonable... its legalistic. IMO it is a sad state of affairs that more and more people require such caveats explicitly stated in order to be able to tell the difference between a personal statement and a position of an entity that ALLOWED someone to speak.
Let me take this another direction and specifically refer to the statements of undisputed "agents" of the school. According to your position then, you are against sex education and distribution of condoms at school? Indeed you agreed with the dismissal of the Surgeon General after her comments supporting the mentioning of masturbation as an alternative to sexual acts with others? You agree that homosexuality should NOT be mentioned in school, or given any sort of supportive statements be administrators?
If mere mention is advocacy, then these all indicate an advocacy of positions counter to people's religious positions and a violation of their rights.
But if it's your show and you don't indicate that you are opening up the system to people who aren't under your control, it is reasonable to assume that it is.
Ahem, it always seemed to me that graduation ceremonies are explicitly opening the mic to people that are not under "their control", besides time constraints and causing a disruption. It does not seem reasonable to me at all to believe what each speaker says at graduation in any way shape or form is a message from the school.
Again, having heard comments regarding drinking and partying and some dissing of administrators and teachers and policies at those functions and others, I can tell you for sure that at MINE they were not "under control" and an assumption of such a thing would have been a great error.
Over here, when I heard the girl singing "fuck" and giving blowjobs I was pretty certain the administrators had not chosen that to endorse the school's position on student behavior. So that school as well appears to defy your assumption.
Not right here, not right now.
Okey doke, ad nauseum it is... as well as a useless mantra that is not an argument and can mean anything to anybody. I agree with it and disagree with you.
So hopefully you'll get your act together in your next reply. If you want a discussion with me, remember the list above. If you want to monologue, keep on truckin'.
doei.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 227 by Rrhain, posted 05-31-2005 3:45 AM Rrhain has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 233 of 256 (212830)
05-31-2005 12:11 PM
Reply to: Message 232 by crashfrog
05-31-2005 8:16 AM


The critical factor you seem to miss is that speakers at graduation have been appointed by the school to speak. Thus, they represent the school as state actors.
The critical element you seem to miss is that all schools do not APPOINT speakers. I have already stated examples of this. If this is true where you went to school then I certainly agree, but it sure as heck didn't happen at my high school nor my college.
There is an open question of IF the school whose case is on the table more or less appointed students and planted what they had to say, or not. There is a pretty good indication they did not and the Judge said if the case had stressed that it might have turned out differently. And in this case it was pointed out the she WAS ELECTED by students and NOT APPOINTED by the school. Indeed she WAS ELECTED by students and NOT ALLOWED by the school. If she had been ALLOWED, that would be different than APPOINTED.
In any case, your original position (before this post) was that anyone at a public school event was a "representative". Remember principals reminding students they are a representative so no fart jokes? They say the same thing at all those other events and indeed they often do go through a similar de-selection process of student choices.
You don't think the principal of the school is in a position to determine who represents the school and who does not? Ridiculous.
I have pointed out that there are two definitions of "representative". I have argued why one applies to one group and the other to another. You answers have been nothing but restatements of your position. That is not good enough.
Yes, a Principal CAN delegate authority to a student and make them a real life representative of the school system, that is not however what is being done when a principal reminds a student that they are a representative and so that they should keep it clean or do their best.
When you represent your school at a track meet it is then educational system policy that your school must beat another school?
Obviously, they're being delegated the authority to deliver public address at an official school function. Thus, they are actors for the state
They are being allowed to speak, not delegated to fill an institutional role normally assigned to a teacher or official. Once again I point out that the same thing happens at dances and parties and other such events. Please explain the difference between a person being allowed by a principal to deliver a public address at an official school function that is not a graduation, versus a person doing the same thing at a graduation.
I'm simply pointing out the fact - incontrovertable fact - that neither of us have the legal background needed to countermand a judge's reasonable decision in an ambiguous case.
You mean I don't have the position necessary to overrule that judge? Yes. To disagree with and be right? No.
I can make a case and argue it and not have to hear arguments that mine is "just an opinion" and I have to listen to a particular person because he has a law degree.
That is an argument from authority any way you cut it.
Or doesn't the school have a legitimate right to direct speech at its own school functions?
Yes it does have that right, which is why I changed my position. Let me explain it again... The principal (or whoever is coordinating the event) has to make decisions on who gets to speak and who doesn't based on many different factors. The principal was wrong to nix the student's song for the given reason, but given that he has the power to nix things for any reason could very well have nixed it for something else and no one would have been the wiser. Also, while wrong, it was a mistake made because he was trying to do the right thing, and thus working in good faith. In that case it does seem too harsh to hold him legally liable for that mistake.
How on Earth is a school dance, open to the entire student body, relevant to a situation where the school is electing students to speak on its behalf?
The people who get to the mic at such events are decided upon in the same way as the speakers at graduation ceremonies. If they are not where you went to school, then fine, your argument may work for your school. Where I went they are decided on in the same manner... student orgs choose people (or bands) to be at the mic or choose playlists and the principal or some other administrative turns thumbs up or down on the choice the students have made.
The article said the girl was chosen by the students, so it sounds like a similar process.
To turn your own argument back at you, no song on a record makes it to the speakers of a school dance without the officials having had some say in the selection, right? Thus the content of any song played is "endorsing" school policy? Come on, get real.
I don't know if it would have been unconstitutional or not.
Good enough. That is a change from your original position where you continually insisted that her singing the song would have been a religious ceremony and a violation of your rights... the main notion I was arguing against.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 232 by crashfrog, posted 05-31-2005 8:16 AM crashfrog has replied

Replies to this message:
 Message 239 by crashfrog, posted 05-31-2005 6:45 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 235 of 256 (212832)
05-31-2005 12:21 PM


For those looking at theocracy driven by Judges...
Here's and interesting bit of theocratic activism from the bench. I don't have a law degree but I can tell you for sure a judge letting criminals escape jail time or rehab if they go to church is a bit off as far as the Constitution goes.
Here's what the judge has to say in his own defense..
"I don't think there's a church-state issue, because it's not mandatory and I say worship services instead of church,"
Smoooooth. The rather obvious reply from the ACLU, which I'm sure many layman could come up with, was...
"The judge is saying that those willing to go to worship services can avoid jail in the same way that those who decline to go cannot," Friedman said. "That strays from government neutrality towards religion."

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

Replies to this message:
 Message 237 by Phat, posted 05-31-2005 1:20 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 240 of 256 (212904)
05-31-2005 6:52 PM
Reply to: Message 236 by Phat
05-31-2005 1:12 PM


Re: A couple of other examples...
Moose is right that these seem like good cases. My only issues would be secondary:
1) What kind of book was the girl supposed to be reviewing?
2) How would she review an admitted collection of books?
3) Was she actually reviewing it, or going to use it to proselytize the religion?
As far as the latter one...
4) Fundies have been using gov't buildings to put on fake exhibits and shows purporting to show that the US gov't had a Xian foundation. They do this to lend credence to their position. If the "America's Xian Heritage" symposium was on that, rather than a truthful examination of Xianity in America's culture, then I might have been against it.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 236 by Phat, posted 05-31-2005 1:12 PM Phat has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 241 of 256 (212906)
05-31-2005 6:58 PM
Reply to: Message 239 by crashfrog
05-31-2005 6:45 PM


We're off-topic, but that has never, ever been my position. For instance the audience at a graduation is not a representitive of the school.
Whoops on my part. Change "anyone" to "anyone speaking or performing in some way that is not an audience member". That was your position.
Although to be honest Principals and teachers also tell students visting places as audience members that they are "reps" and should behave properly. Not sure how many times we were told that.
You had speeches at your school dances? Geez, where did you go, Boring High?
Songs count as speeches, right? But yes sometimes there were short ones regarding certain issues, including acceptance speeches.
Can't believe you're throwing stones. Orwell High couldn't have been too exciting, everyone being handpicked and allowed only to speak what a school system endorses. Man we were pretty wild... even the geeks like me.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 239 by crashfrog, posted 05-31-2005 6:45 PM crashfrog has replied

Replies to this message:
 Message 242 by crashfrog, posted 05-31-2005 7:07 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 243 of 256 (212912)
05-31-2005 7:11 PM
Reply to: Message 237 by Phat
05-31-2005 1:20 PM


Re: For those looking at theocracy driven by Judges...
The point is that the government is never neutral about religion. They are either overly FOR it, (which does not bother me) or they are attempting to be against free expression of it.
As an admin I'm sure you are aware that there is a rule here about simply repeating your original assertion, if it has been challenged. Both schraf and I have questioned this.
The founding fathers specifically wrote against your stated position. One of these "writings" is the Constitution. It was also backed up by a treaty signed shortly after our nation's inception.
A gov't CAN be neutral if it does not attempt to enforce a religion or favor a religion through its regulations and activities. I'm not sure how hard this is to understand, and if you are simply continuing to stir the pot I'm her to tell you you can stop stirring now!
As far as expression goes, I do agree that in order to be neutral it does not have to demand absolute zero personal communication of religious nature. It does have a duty not to ornament its grounds and employees with religious iconography, or let them deliver speeches which promote a specific religion or in some way criticize nontheists. It is also important to prevent the appearance of proselytization in gov't areas.
Philosophically, a gvernment is never neutral on any governing belief. They either hold one truth or another to be self evident.
By which I can assume you have not read any of the philosophers that our founding fathers read, nor the philosophizing they had done themselves on this subject.
Our gov't is a democratic-republic, which means that it is filled with reps of many separate belief systems. Looking at any of our branches of Gov't (save the Executive) one can quickly see there is NOT an agreement on an overarching belief system for gov't.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 237 by Phat, posted 05-31-2005 1:20 PM Phat has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 245 of 256 (212978)
06-01-2005 4:03 AM
Reply to: Message 242 by crashfrog
05-31-2005 7:07 PM


The grey uniforms were always kind of dull, but I did have a good time during each day's Three Minute Hate.
Unfortunately we had something similar to the Three Minute Hate, called the Gym Class Locker Room... and I did not have a good time.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 242 by crashfrog, posted 05-31-2005 7:07 PM crashfrog has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 246 of 256 (212979)
06-01-2005 4:08 AM
Reply to: Message 244 by nator
05-31-2005 11:21 PM


Re: For those looking at theocracy driven by Judges...
message #231 awaits your response, Phat.
Heyyy, keep your pants on, remember? Just to let you know, there is a point where my keeping my pants on becomes a revelation that yours have been off for some time... Though perhaps you like it that way?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 244 by nator, posted 05-31-2005 11:21 PM nator has replied

Replies to this message:
 Message 247 by nator, posted 06-01-2005 8:41 AM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 248 of 256 (213146)
06-01-2005 2:17 PM
Reply to: Message 247 by nator
06-01-2005 8:41 AM


Re: For those looking at theocracy driven by Judges...
I replied in that thread like a week ago.
No you didn't.
You hit a reply button and then repeated a question that was wholly irrelevant to the discussion (it is simply being used to elicit an emotional response), and as it stands I did try to answer to the best of my ability. Your question as posed was oversimplified and so had to be broken into its most important elements.
You also ignored the points I had been discussing and the entire post I gave to you with background info, including citations.
It would be the equivalent of having a discussion with buz on abortion, and having him ignore your detailed argument and info (including cites) to repeatedly ask:
"So you are for a woman having promiscuous sex without protection and then murdering her child by slicing and burning it to death".
I won't ask you to reply any more. I was just hoping I would get an actual response which involved looking at the information I gave you on the subject. I guess I got my answer.
This message has been edited by holmes, 06-01-2005 02:18 PM

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 247 by nator, posted 06-01-2005 8:41 AM nator has replied

Replies to this message:
 Message 249 by nator, posted 06-01-2005 3:35 PM Silent H has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 250 of 256 (213494)
06-02-2005 11:19 AM


For crash and rrhain, a recent example...
of a student being told what to do with his speech and then going ahead and defying them anyway. This time it was because they didn't like his humour. They withheld his diploma after the speech and now he's suing.
Here's the article on the speech.
According to both sides they have legal decisions to support their case but I guess we'll find out in the end. One thing to note is that NOWHERE is it suggested that the kid became an agent of the school system. He remained a student, who was giving his own opinions.
Interestingly enough I found the story at Michael Moore's website suggesting that Moore agrees with the kid. That oughta be an eyeopener for Rrhain.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

Replies to this message:
 Message 251 by crashfrog, posted 06-02-2005 1:04 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 252 of 256 (213548)
06-02-2005 1:24 PM
Reply to: Message 251 by crashfrog
06-02-2005 1:04 PM


Re: For crash and rrhain, a recent example...
But in order for that to be meaningful you have to have the rules to break, right?
The point being that such rules are generally arbitrary and based on taste of the arrangers rather than actual issues of the student being an agent of the school.
The student disagreed with the rules and believes he doesn't have to follow them.
I don't see that the import of his speech outwieghs the school's right to run their own ceremony the way they see fit. What about this speech causes you to disagree?
I don't think "importance" has anything to do with it. The administrators had a right to suggest he change it, but he was within his rights to change it back. Pulling his diploma... especially if the crowd did not react badly... is just pettiness. Quite childish in fact.
As I said earlier I am not trying to defend anything a student has to say in specific. But its their moment in the sun so let them sink or swim. This guy's thing wasn't all too witty but it was probably better than any song.
More important is to note that it reinforces the idea that schools have different levels of control and that not everyone is agreed yet, certainly the issue isn't settled, on what kind of control officials enjoy in those settings.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 251 by crashfrog, posted 06-02-2005 1:04 PM crashfrog has replied

Replies to this message:
 Message 253 by crashfrog, posted 06-02-2005 6:38 PM Silent H has replied

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