Submitted by new_Australis t3_10yy8ig in massachusetts
pillbinge t1_j80t3ha wrote
Reply to comment by Conscious_Home_4253 in Pre-School teacher at a public school keeps disciplining out son for saying "oh my god" by new_Australis
>It's not a swear word, offensive phrase or harming anyone by saying it.
Neither is profaning God by using one's freedom of speech, but doing so repeatedly in a classroom setting would be obviously over the line. Some people consider it a grave offense, and swearing is contextual.
It's also kind of like if a kid holds up a ring finger but says "I'm not swearing though!"
Conscious_Home_4253 t1_j80xaaw wrote
And that’s why I stated- she should make an appointment with the teacher. OP also never stated her child did this repeatedly in a classroom setting.
People may consider it offensive- but it’s not obscene and it’s protected under the First Amendment.
Massachusetts passed a state law in 1974 “the Student Free Expression law.” Mass Supreme Judicial Court read this state law to incorporate the “Tinker” standard and proclaimed broad free speech for students in Massachusetts. Because Massachusetts created this state law and Mass Supreme Judicial Court expanded the meaning- students in Massachusetts have more 1A freedoms/protections than students in other states where no state laws have been passed.
Tinker Standard is Tinker v. Des Moines is a ruling from 1969- the right to speak freely and protest as long as the student isn’t disruptive.
Again- OP never said her son was being disruptive- she stated he has been disciplined for saying the statement.
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