1st Amendment and 'horny' school girl | Arkansas Blog

1st Amendment and 'horny' school girl

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Got your attention?

It's about an Arkansas Supreme Court ruling today that rejected a Horatio student's appeal of a school suspension for a speech at a class day assembly. He played a cell phone recording of a female student saying, "Oh my gosh, I'm horny." His three-day suspension kept him out of graduation exercises.

The appeal was denied 6-1 on essentially jurisdictional grounds. The appeal cited federal precedents on student speech. State law offers none. Justice Robert Brown would have heard the arguments.

“The majority … takes issue with the fact that no Arkansas cases are argued by the Walters family on the student free-speech issue. That undoubtedly is because there are none,” Brown wrote.

Brown continued, “This case presents the rare opportunity for this court to address a student free-speech argument under Article 2, Section 6 of the Arkansas Constitution, which provides for liberty of the press and speech, and to develop Arkansas constitutional jurisprudence in this area. And yet, the majority refrains from doing so.”

Here's the full opinion. The student raised a number of arguments, including due process claims. He also said the word "horny" was not obscene. The school district argued it was "vulgar and obscene" and embarrassing to the girl and cited federal cases that give schools some powers to limit speech.

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