About Doe (Dee Speaking)
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		Ann

I know some of you will disagree, but I believe that the court decided this case correctly.

• In some cases, the speech code we have has been applied to speech that we all agree is protected by First Amendment rights. This happened when a student was charged with a violation for merely saying that he had heard that African American students were discriminated against in a certain class. The school administration never suggested that this student's speech was protected. If they had immediately done so, they might have fared better in court.
  

• On the other hand, the judge identified a number of areas in which speech can be restricted. So he left open the possibility that a different code, more narrowly drawn, might be constitutional.

I hate to say "I told you so," but on the whole, the judge took the position I have been advocating all along. On the basis of current First Amendment doctrine, I don't see how he could have done anything else.

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