Lawyers and Burgers. Fat, Greasy, And Irresistible.
posted September 18, 2009 - 5:40pm
Freedom of expression. A necessary evil in this world we call “Social Freedom”. I say that jokingly of course. Imagine a world where nobody can express themselves freely and with the certain fear of repercussions. nbsp; Oh I’m sure the rich and powerful would just be ecstatic about this little alternate reality. Just think, McDonalds puts out a new burger that blatantly causes a form of Salmonella poisoning. In this little reality, the consumer is forced to accept the deadly burger because nobody is allowed to speak out. Of course this is a harsh example, but the concept nonetheless remains the same. But how far does the line extend? How far can you go before the line of decency is crossed? Has it been breached when the rights of an individual have been sacrificed? Or is it when the attention of the majority has turned its ugly head and left you to suffer.
The girl loved her new piercings. She saw them as a way to say to her school; I am my own person. She was of good character and got exceptional grades at school. She was never the one to start a fight or talk back to a teacher. Almost a “model student” some would often say. The school, sadly, didn’t exactly see things her way. Their rules banned all types of facial piercings and distracting clothing/paraphernalia. They suspended her as she refused to remove her piercings on the grounds that it was not a disruption during classes. In retaliation to this, they removed her from the school until she complied. She was then granted an injunction by the court. An injunction is a “legal order from the court to one party either to perform or refrain from an action”. As you can probably already tell, you can just smell the conflict on the horizon. Think about this for a minute. Would you a want a federal institution prying into your personal life and telling you what can and cannot wear? I don’t think many people would be happy with this policy. After all, look at the Patriot Act and what that little bunny stirred up. But I will admit, for the sake of argument, the government does have some right and duty to intervene on a personal level. After all, if the government didn’t take some matters seriously, where do you think Charlie Manson would be today? But there does come a time when enough is enough. When the ruling class (school) resorts to suspending you from the very thing they are so adamant to push on the populace (attending school). That is a little too far and just downright ridiculous. As a lawyer, I had to make decisions that would exponentially affect my clients (girl with piercings) case. You do not want to be intimidated by an opponent such as a federally funded institution. Be adamant and adequately defend and bring justice to light.
For all of you die-hards out there who don’t know what the 1st Amendment is, I’m going to help you out just this once. The 1st Amendment is, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” A classic example of a violation of the 1st amendment is clearly present in this case. Although the rules of the school stated that no facial piercings could be worn on campus, the girl was exercising her right to freedom of speech, or to be more specific, symbolic speech. They cannot deny her an education based on a personal choice, that is biased and getting damn near close to prejudice. Let’s say one day I decide to walk into school wearing a shirt that clearly states my sexual orientation as a homosexual. The campus police see this and immediately arrest me and deny me entry to the school. I am taken to the Dean’s office and it is explained to me that they must now deny my enrollment into that school because of my choice of lovers. You can’t deny someone something as valuable as an education simply because of a choice (I’m not saying homosexuality is a choice, that’s a whole different ball game, so don’t start tearing me apart just yet). Do you see the correlation here? Just because you don’t agree with something doesn’t give you the right to berate and persecute that which is different and new. The whole bottom line really is; how far can the government delve into our personal lives to attain information or to make a point. As there is something called the right to privacy.
I will switch gears for a second and explain the other side of the spectrum as to avoid bias. The school is a federally funded institution and does have the right to makes its own rules and regulations. Just because our children attend the school doesn’t exactly mean we have the wit and know-how to run it effectively and ensure our children are getting the best education. After all, Daddy doesn’t always know what’s best. If the administration finds facial piercings to be a distraction, then they are completely within their legal rights to ban it. As silly and pointless it may be to us, we cannot judge simply on the stance of one party on one particular issue. It is not what you stand for that counts, it’s how you stand for it.
The 1st amendment is probably our most important and well, to be honest, abused right as American citizens. We take advantage that we live in a place where you are free to say what you feel and to criticize the government with the fear of consequences. Think back to the Middle Ages. If you were the knight to a Vassal or King, and you were heard criticizing him or berating him. The most likely conclusion of that situation was a beheading, plain and simple. Notions like that were not tolerated, especially in those times. Nowadays we can speak and rally and worship freely to our hearts content. It is true yes we have lost our way. We have strayed from the path that the Founding Fathers laid for us about 300 years ago. They saw a nation of people starting over with a shining future. Now look at us, Pokémon and YouTube, and Twitter, and the dreaded and all-powerful iPhone. It’s a little sad how far gone we are. But we are not without hope. With a little spoonful of Common Sense every now and then, and a little wake-up call; we can be “kickin ass and takin names” in no time flat.

Comments
Great Article CantStop
You bring up some very good points, and your article was very well written. Welcome to Xombie. Look forward to reading more of your articles.
Post new comment