Student Suspended for Casting A Curse

[Michael MASINTER]

I am curious to know how the school knows a) that the student cast a spell
and b) that the spell caused the teacher to become sick.

The school may regulate on-campus speech to a substantial degree, but it
has no authority to regulate on campus thought or off campus speech.  Did
the student cast the spell while on campus?  Did the student do so within
the hearing of others?  Or did the student just say he/she had cast a
spell?  What precisely was the content of the spell?  How does a curse
differ from a prayer invoking the assistance of a deity to bring down an
oppressor?

Question b) speaks for itself, and I eagerly await the answer.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Wed, 1 Nov 2000, Will Esser wrote:

> "OKLAHOMA CITY (Reuters) - An Oklahoma high school
> suspended a 15-year-old student after accusing her of
> casting a magic spell that caused a teacher to become
> sick, lawyers for the student said on Friday.
>  . . . .
>
> The suit also charged the Tulsa-area Union Public
> Schools with repeatedly violating Blackbear's civil
> rights by seizing notebooks she used to write horror
> stories and barring her from drawing or wearing signs
> of the pagan religion Wicca."
>
> The entire story is at
> http://news.excite.com/news/r/001030/17/odd-spell-dc
>
> I can understand the First Amendment concerns of the
> second allegation, but what about the first?  Does a
> school have a legitimate interest in prohibiting
> students from "cursing" teachers or other students?
> If a school can discipline a child for using
> inappropriate language (profanity, etc.), why can't it
> lay down a rule that students cannot curse others,
> regardless of religion?
>
> Any thoughts?
>
> Will
>
>
>
>
>
> =====
> Will Esser  --- Ad Majorem Dei Gloriam
> Parker Poe Adams & Bernstein
> Three First Union Center
> 401 South Tryon St., Suite 3000
> Charlotte NC 28202
> 704-372-9000
>
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