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A Reflection On Edison PDF Print E-mail
Written by Brandon G. Little   
Saturday, 15 March 2008 02:53

In reflecting on the way things escalated at Edison, I can't help but question the lack of accountability -- not so much for the hordes of police officers who laid siege to Edison High, but rather for those first few officers who created such a hostile situation, and even more for the school administrators who should have (and easily could have) diffused the situation with explanation rather than confrontation.

In Tinkler v. Des Moines School District, the U.S. Supreme Court held that where a student's protest impedes the school's function, that student may not protest. On its face, one might conclude that the law in Tinkler upheld the actions of school officials and police, but the Court's reasoning paints a much different picture. In Tinkler, the Court recognized the necessity of everyone's right to protest (including students), but went on to say that as important as that right may be, the school's public purpose of educating its students is of even greater importance, and when a protest interferes with the school's ability to fulfill its responsibilities, that protest should be postponed. For example, if students were protesting instead of going to class, then that protest should be disbanded, and the students should go to class then, and protest later; if students who did not currently have an academic obligation were protesting, but were doing so in such a way that they disturbed classes in session, then that protest should be disbanded and students should protest at another time. What the Tinkler Court is actually saying is that it is more important for the students to be in class getting an education than to exercise their right to protest.

How, then, does the response initiated by the administrators and police at Edison High School further the school's purpose of educating these children? Should the school and its officials not be held to the same standard that the U.S. Supreme Court applies to students?

It seems to me that it would be nearly impossible for the school to fulfill its purpose of educating these students after they've been violently attacked, handcuffed, forcibly removed from the premises, and locked up in jail. Am I missing something here?




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