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Defoe Hearing Predictions

Brookwood holds its hearing in the Defoe case this coming Monday, February 2. What do you think are the most convincing points each side is likely to bring up? Who do you think has a stronger case?


9 Comments

  1. I used to think that Defoe should win. However after watching the Tinker Skype I think that Defoe was disrupting class then just like what Mary Beth Tinker said about the limits of free speech. I now think that Defoe won’t win. I’d love to hear what anyone else has to say.

  2. I think that the most convincing point that the School’s lawyers will bring up is that there is lots of racism and hatred happening in this school, most of the racism and hatred being pointed towards blacks. Bringing in a Confederate Flag to especially this school is making the learning environment more dangerous because of the amounts of racism and hatred spreading through the halls. By saying this it shows that the school is full of racism, which makes it much more believable that Defoe wore the belt buckle to school to cause violence. The most convincing point that Defoe’s lawyers will bring up is that like in the Tinker case, the students rights were stripped from them during school, and in the Tinker case the Tinkers were using their freedom of speech to communicate that the Vietnam war is awful. In this case Defoe was using his freedom of speech to communicate his heritage.
    I believe that Defoe has a stronger argument because the Defoe lawyers have won this Case for the past couple of years. Also, I believe that the Defoe has many great precedents that they could use. It has also clearly been proven by the Sons of Confederate Veterans and several of the BGA students that the Confederate Flag stands for southern heritage and freedom.

  3. I have no idea who will win for me it will be really hard to decide since I’m a judge. I personally have no opinion on who should win which is what a judge is supposed to have but it will make it even harder for me to decide.

  4. I think that the school should win because school is a place to learn, if you have a disruption then you can’t learn therefore the school isn’t doing its job.

  5. The Defoe team will say that the school was abridging the First Amendment right to the freedom of speech, and they will bring up the Tinker case to say that freedom of speech also applies to symbolic speech, and Defoe is protected by the First Amendment.
    The school will say that Defoe was breaking the ruling that the Supreme Court made, that your freedom of speech can not interfere with the learning environment.

  6. Also, the Defoe team will probably say that the Confederate Flag never actually did lead to any violence or disruption in the school, and that means that the Supreme Court ruling is not relevant.

  7. I think that the Defoe side of the case is going to mention the Tinker case, because there are so many fantastic points you can make from that case, since the two cases are quite similar. The Tinkers wore something to school that represented something that the school didn’t like and in both cases the kid(s) were sent home. They then sued the school for not allowing them their first amendment right to freedom of speech. In the Tinker case, they won, so that would make for an excellent precedent! 🙂

  8. I think that both sides could win, but the winner of the case will be won by the arguments of the lawyers. In my opinion this is a very hard case to decide given both the school and the Defoe lawyers have about equal claims as to why they should win the case.

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