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View Diary: Students at Boston College may face disciplinary action for distributing condoms (183 comments)

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  •  Doesn't matter... (1+ / 0-)
    Recommended by:
    a2nite

    You can complain and toss the student out if you want the bad press. But someone passing their friend a condom is simply a matter of free speech. Private property doesn't mean that you lose your rights as a citizen.

    Yes, the church run college can throw a tantrum if it wants the bad press. But Catholics in the US don't share the strict views on this like those back in Rome. They accept the real world around them and deal with it as human beings while trying to remain practicing Catholics.

    A condom isn't an illegal item, nor is it restricted in it's access to those under the age of 18. You might as well start protesting every drug store around the campus to prohibit their sale to any student. It won't work. The school needs to realize the futility of their stand.

    "I think it's the duty of the comedian to find out where the line is drawn and cross it deliberately." -- George Carlin, Satirical Comic,(1937-2008)

    by Wynter on Mon Apr 08, 2013 at 06:09:27 PM PDT

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    •  You really don't understand the First Amendment (2+ / 0-)
      Recommended by:
      VClib, Wisper

      You should start by reading it.  It begins, "Congress shall make no law . . . "  That means the GOVERNMENT can't abridge your right to speech.  Private institutions and private people absolutely CAN abridge your right to free speech on their property.

      Private property doesn't mean that you lose your rights as a citizen.
      If you mean you think people have "First Amendment" rights on private property -- that's so, so, so very wrong.  You don't have a "First Amendment right" to come on my property and say whatever you want.  If I invite you to something, say a party, on my property,  and you say something I don't like -- even if it's perfectly reasonable and legal -- I can tell you to leave, and if you refuse you are trespassing and I can have you arrested.

      You have a First Amendment right to go into a public park -- government owned property -- and say to people that you do not believe in God.  You DO NOT have a First Amendment right to go into a church -- which is NOT government owned property -- and say to people that you don't believe in God.  If you try, they can have you removed from their property for that.  

      •  You and I are agreeing... (2+ / 0-)
        Recommended by:
        Tonedevil, a2nite

        They can ask you to leave. But they can't tell you what you can say. If you speak up then they can go the route of pushing you out the door. But they can't truly ban what you say. We are in agreement, but I think you missed how we got there.. lol.

        The students can give out condoms. And if the school wants to fight them then it's up to them, but it would bring a lot of bad press is what I am saying.

        The college needs to be very mindful of how it looks. Catholics are not all hardline follow the church in Rome of else. Attitudes inside the US have created a chasm between the two sides. Trying to be more strict could backfire on admissions.

        "I think it's the duty of the comedian to find out where the line is drawn and cross it deliberately." -- George Carlin, Satirical Comic,(1937-2008)

        by Wynter on Mon Apr 08, 2013 at 06:30:06 PM PDT

        [ Parent ]

        •  Here's where we disagree (3+ / 0-)
          Recommended by:
          Whatithink, Bailey2001, VClib

          You are saying that it's "actionable" or that there can be a "lawsuit" over a private school telling students what they can or cannot say on school grounds.

          That is just flat out wrong.  (I'm a lawyer, by the way.)

          •  And as a lawyer... (0+ / 0-)

            what action can the school take? Only one thing... break the contract.

            The fact remains that you cannot "make" anyone say or not say what you what. Isn't that true? Individuals are not automatons. You cannot force someone to act a specific way unless they agree to do so. The college can insist they abide by the agreed upon contract, but that's all they can do. They cannot force a student to do something they are unwilling to do or say.

            We are saying the same things, but you are simply stating it from a different point of view. The "actionable" term was a bit overstated, my apologies. I backed away from that point a few comments back if you recall. The end result is "yes" the school can go hardline on their students, but at a cost to their reputation in the eyes of the public. The issue doesn't reflect the views of the majority of Catholics in the US. That was the point I ended with.

            "I think it's the duty of the comedian to find out where the line is drawn and cross it deliberately." -- George Carlin, Satirical Comic,(1937-2008)

            by Wynter on Tue Apr 09, 2013 at 12:16:16 AM PDT

            [ Parent ]

        •  Wynter - you have an incorrect view of the (1+ / 0-)
          Recommended by:
          Wisper

          First Amendment. It isn't an issue here.

          "let's talk about that"

          by VClib on Mon Apr 08, 2013 at 09:44:19 PM PDT

          [ Parent ]

    •  The First Amendment doesn't work that way (2+ / 0-)
      Recommended by:
      VClib, Wisper

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