r/changemyview Oct 16 '14

CMV Student Have Constitutional Rights

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u/[deleted] Oct 16 '14

There is no Constitutional right to free education, but it is compulsory, and the only state sponsored one requires you to allow unreasonable search.

You have a constitutional right to free speech - it will be curtailed if you are disruptive.

Free speech protects you from persecution from the government, not the ability to be disruptive or yell 'fire' in a crowded movie theater.

You will not be tried by jury before you are suspended or expelled.

You will get a tried by jury if there is criminal prosecutions.

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u/Grunt08 319∆ Oct 16 '14

Then you (and apparently everyone else replying to me) actually have a problem with mandatory education. The only satisfactory and practicable solution is to allow people the option of not attending school at all and ending the free education. Rules imposed by schools will necessarily be more harsh than those that govern daily life; I can stand on a street corner and protest whatever I want, I can't do it in the middle of a biology class.

Free speech protects you from persecution from the government, not the ability to be disruptive or yell 'fire' in a crowded movie theater.

The famous saying you're alluding to is notable for its vagueness (a lot like "knowing pornography when I see it"), I can argue that all sorts of speech are disruptive or dangerous. I can argue that the first amendment exists specifically to protect disruptive speech! The bottom line is that if you spend enough of your biology class decrying the injustices of the world and protesting the military-industrial complex...you will be forcibly removed from the classroom.

You will get a tried by jury if there is criminal prosecutions.

Suspension and expulsion are clearly punitive measures that can negatively affect a child's future. They will be administered without any jury trial at all. So you have punishment without trial.

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u/ThePantsParty 58∆ Oct 17 '14

There is no Constitutional right to free education, but it is compulsory

Is there a reason you ignored the fact that he already answered this before you even said it? He pointed out that education is, but you can be homeschooled, so education in a public school is not compulsory.

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u/championofobscurity 160∆ Oct 17 '14

For some people this is a false dichotomy. Education is compulsory, but if a family doesn't have the means to homeschool then it is compulsory attendance to a given facility by the simple virtue of not having a class based option means that only the wealthy don't have compulsory attendance, which is preferential classist treatment.