Tournament: ALL Jan-Feb | Round: 1 | Opponent: all | Judge: all
The language in Tinker v. Des Moines clarifies that “protected speech” loses its protection when circumstances arise that subject it to restriction.
Kemerer, Frank. “Free speech and privacy dimensions of student misuse of their own electronic communication devices in elementary and secondary schools.” School of Law and School of Leadership and Education Sciences, University of San Diego, March 2012.
"This study was ... and school personnel"
Actions are either steps toward an end or random motions.
Millgram, Elijah, "Practical Reason and the Structure of Actions", The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/sum2012/entries/practical-reason-action/.
"A wave of ... modes of argument"
The ends of particular action classes are determined by the practices within which those practices take place.
Schapiro, Tamar (Professor of Philosophy at Stanford University). “Three Conceptions of Action in Moral Theory.” Nous 35.1 (2001): 93-117.
"Philosophers have long ... I call action"
A state is a creature of its constitution, and it is literally impossible for a state to act outside the constraints of its constituting documents because when state agents do so they are not, by law, acting as the state.
Clark, David and Tugrul Ansay. Introduction to the Law of the United States. Kluwer Law International, 2002.
"The United States ... U.N. Charter art."
The U.S. Constitution is nearly unique in the degree and duration of universal acceptance among those under its jurisdiction.
Rosenn, Keith. “The success of constitutionalism in the United States and its failure in Latin America: an explanation.” University of Miami Inter-American Law Review, Fall 1990.
"Constitutionalism is the ... authoritarianism is resolved"
Since ethical obligation is a judgment of choice, adjudicating as unethical the failure to make a choice one is incapable of making renders ethical judgment meaningless.
Streumer, Bart (Lecturer in Philosophy at the University of Reading, UK). "Reasons and Impossibility." Philosophical Studies 136 (2007): p. 351-384
"Many philosophers claim ......"
Agents of the U.S. government are literally incapable of enacting enduring policies in violation of settled constitutional law because the structure of the legislative and judicial branches prevents it.
Foundation for Individual Rights in Educaiton (FIRE). “Freedom of expression at public universities.” State of the Law: Speech Codes. Copyright 2016. Web. https://www.thefire.org/in-court/state-of-the-law-speech-codes/
"That the first ... ideas on campus"
Constitutional jurisprudence implicitly recognizes that public college and university employees are agents of the state.
Ross, Kathleen and Philip Faccenda. “Constitutional and statutory regulation of private colleges and universities.” Valparaiso University Law Review, vol. 9, number 3, 1975.
"In March of ... by the authors"
The Supreme Court has ruled explicitly that this is the case.
Buchter, Jonathan. “Contract law and the student-university relationship.” Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973.
"The relationship between ... intended to do"