Cert granted on Chandler, Judgment Vacated

[Thomas C. Berg]

There is obviously a good deal of bitter history in this
litigation.  Other than trying to assign blame in a
historical sense, though, what relevance does the history
have?  I have always thought that the record of the
DeKalb schools gave a basis for the judge's controversial
step of appointing a monitor (my colleague Chriss Doss) and
for requiring the school to submit some of its time, place,
and manner policies to the court for prior review.  But in
no way is the order's overbreadth -- the parts of it that
infringe on true student or individual speech -- justified
by the history of the dispute, including any litigation
decisions by the school or its lawyers.

Tom Berg



On Tue, 27 Jun 2000 22:10:29 EDT JLSatty at AOL.COM wrote:

> I might add to Marc's post that after Judge DeMent's order came out, there
> was an effort by the ACLU lawyers, who also thought some of the language
> might be a bit broad, to come up with some acceptable alternatives.  The ACLJ
> lawyers said "We'd rather appeal those things", and did.  Perhaps they will
> regret it, I don't know.  But I do know a lot of this could have been avoided.
>
> Joel Sogol

-----------------------------------------
Thomas C. Berg, Cumberland Law School
Samford University
Birmingham, AL 35229
(205)726-2415
Email: tcberg at samford.edu