QUESTION
Is the principal violating the first amendment?
Asked on Oct 19th, 2012 on Litigation - Montana
More details to this question:
My daughter’s principle kicked her off for a week for simply asking if someone was gay. The principal repeatedly told her that she didn’t have the right to ask questions. He also put on her discipline report that she was being intimidating.
7 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 21st, 2013 at 2:43 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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This is the school overreacting. It's not a criminal matter. However, you should ask if your daughter has a right to have a hearing in the matter. Usually, there is a right to hearing before suspension.
Answered on Oct 23rd, 2012 at 6:49 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Asking a question and being intimidating are 2 different things. Which is it principal may discipline, whether he goes too far is difficult to say based on the few words you write see a good lawyer.
Answered on Oct 23rd, 2012 at 4:55 PM
Ronald A. Steinberg
Was she bullying or intimidating the other person? It is the principals job to run the school, and if your daughter was told to shut up, then she should have done so.
Answered on Oct 23rd, 2012 at 4:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Back in ancient times, if I had gotten kicked out of high school for a week, my parents would have grounded me, suspended my allowance, talked me to death, etc, etc. Now, the parent goes on line looking to see if the principal is at fault. You need family counseling, not legal advice.
Answered on Oct 23rd, 2012 at 12:32 AM
Michael J. Breczinski
That question could be considered obnoxious and insulting. It can be considered a form a bullying and is akin to going and calling the person a fag. The principal can keep people from trying to bully one another. You daughter should learn manners.
Answered on Oct 23rd, 2012 at 12:22 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. Your benign description(..for simply asking if someone was gay) belies the actual situation, doesn't it? Is your daughter a bully? Her defiance of the principal was enough to get her suspended. Help your daughter learn from the experience. She will need your support to deal with the cruelty of her classmates. She is like an ex-con returning to society. I hope she doesn't go the wrong way and align with the losers and druggies.
Answered on Oct 23rd, 2012 at 12:12 AM