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Current Events and Debates For discussions and friendly debates about politics and current events, check out this forum.

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GSA Legality - February 11th 2010, 04:15 AM

Hey everyone, I just wanted to point out that a GSA can be struck down at schools if they want to press the issue and have a quality lawyer, sorry I am in Law, it's what we do, we love to poke holes in things.

Guidelines for groups and/or clubs under its protection
-Group is not disruptive

Any lawyer worth his salt can prove that this group is disruptive to the students. Such as a dress code, the lawyer would state that it degrades morals and causes tension among students who disagree with their message. You could say the same for a Christian group but they are protected by other acts.

Guidelines for schools under its protection and/or enforcement
-Officials preserve and have the right to require all clubs and/or groups to follow a set of guidelines

A school can make a rule that "Groups which promote a message that is considered immoral by the average person" may not be formed.

Also the Miller Test (involving freedom of speech) states that it may only be censored if,

-Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,

-Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,

-Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Depending on the region of the United States a pro-gay group at school would pass the Miller test and therefore be obscene.

Also if it is a private school the group is a "no-go" if the school denies it. In addition the school may limit speech in the school newspaper (Hazelwood vs. Kuhlmeier 1998), and sexual discussions (Bethel School District vs. Fraser 1986).

I just wanted to let you know, and this would really only happen if the school pressed the issue.


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Last edited by eunoia; February 11th 2010 at 04:19 AM. Reason: Moved to Current Events and Debates.
   
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Re: GSA Legality - February 11th 2010, 04:25 AM

Eh, I don't get it... What, exactly, was the reason for posting this? Interesting to know, but I don't see its relevence.


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Re: GSA Legality - February 11th 2010, 05:09 AM

I originally posted this in the LBGT section as a sort of notice that there are a few issues, and that if you do want to start a club you have to have arguments against these points.


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Re: GSA Legality - February 11th 2010, 11:29 PM

Any lawyer worth his salt could shut down these twisted arguments in a second. Although it seems to fit into the Miller test in your eyes, judges really do tend to act on status quo. Otherwise, many groups are subject to this exact same removal. The Miller Test is used for actions, not necessarily groups, otherwise many other more-dangerous groups would be shut down first.


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Re: GSA Legality - February 12th 2010, 01:58 AM

I think I stated in there that it depends on the area of the country, as such more Conservative areas will be more likely to agree with my arguments.


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