Cursing at Your Congressman Off of School Grounds Shouldn’t Get You Suspended

Thanks for responding and clarifying the case, I wasn't sure if it was something I hadn't ever heard of before and couldn't find anything relevant.

I see the angle you are going for here with Cohen. In one of my other comments I made the argument that the school would almost certainly attempt to single out the vulgarity and that I didn't know if that would work for them.

I posted elsewhere in the thread a link to the ACLU's letter so I don't know if you've seen it. They address several of the points raised here and a few I hadn't seen before so it's worth a read. One of arguments since yesterday have been that the speech quite possibly wasn't actually off-campus speech and it's been established that students don't have unrestricted rights to speech on campus. The letter addresses using Tinker and a few others. One of the arguments they make is that the walk out is intentionally meant to not be disruptive and is not but having been in a classroom during a couple I would think that's an easy argument to defeat. They site Bethel School District v. Fraser for the issue of the profanity and like you suggested address his comments as a whole and not the profanity alone as well as the fact that it wasn't directed at students or faculty in a situation they couldn't avoid. I don't know if that applies and more importantly if Morse muddies the water. One of the weird things about Morse is that everyone agrees it wasn't a political statement but the opinions in the decision specifically note that it COULD be extended to political speech.

I'm not an attorney and once things start getting into the weeds like this I usually hire one so I'm just going to leave it at that.

/r/politics Thread Parent Link - aclu.org