45 Comments
- BloodJunkie, on 10/12/2007, -3/+35How sad it is that this is even up for question and needed a judge's ruling...
- jcapogna, on 10/12/2007, -4/+18slicedoranges,
In a public school, you do not have the same rights as you normally would. - JimXugle, on 10/12/2007, -4/+18I showed the benifits of Communism (I'm not a communist, quite the opposite in fact) for an english report (after Reading Orwell's Animal Farm) and I was referred to the Guidence dept. for being racist.
I love it how when you walk onto School (public) property, all of a student's rights disappear.
There should never have been this question, and whoever asked it should go back to 3rd Grade Social Studies class. - pilot3033, on 10/12/2007, -1/+15Correction:
"...and never SHOULD be." - TheAttacks, on 10/12/2007, -6/+18There are a lot of other things that should be covered in the constitution/bill of rights, that need "judging". (gay rights?) It's horrible how our government is. . .
- szelij, on 10/12/2007, -0/+10Hmm does the first amendment apply for Network neutrality? If you think about it you may stretch it that far, it's the basis for abortion rights today.
Since getting the information from a server in say Russia depends on the ISP not degrading or preventing you getting that information in a timely manner...it could be said to be the same right? So why isn't anyone sueing to bring this to the supreme court yet? - slicedoranges, on 10/12/2007, -1/+9@ jcapogna
I have researched it, and yes you do, as long as it's not interrupting the learning environment for others. So at recess it should be perfectly okay. - tommythetomcat, on 10/12/2007, -1/+8The court made the right decision... If Apple wants to stop leakage maybe they should eat more fiber
- Roger, on 10/12/2007, -0/+7http://en.wikipedia.org/wiki/First_Amendment
For those who know nothing about the US first amendment (i.e. me). - LordLucless, on 10/12/2007, -0/+7Claiming creation of the internet is like claiming the creation of English because you publish a dictionary. The internet is nothing but a bunch of protocols that everyone agrees to use. Infrastructure, hardware, even many internet protocols were created either by private industry, individuals, or the internet community as a whole (in the early days anyway). If you can network two computers together, the basic concept of the internet is there. The internet is nothing except a really big network.
- SmeRndmGy, on 10/12/2007, -1/+5First the NSA wants to read my email and now so does Apple??? How noble of everyone's most beloved company!!! Fighting for an ideal society where there is no freedom of speech and every file is DRM restricted and controlled by our lord Steve! Go buy your itunes and ipods and imacs and iwhatever-they-tell-you-to-buy-nexts, after all, you are supporting the cause!!! Just don't talk about it, because that would be freedom of speech, and that is the enemy! Screw you, John Stuart Mill! Freedom is for people who cant afford our products!!! VIVA APPLE!!
- p9s50W5k4GUD2c6, on 10/12/2007, -0/+3LOL. Nutritionally speaking: I do believe Apples contain sufficient fiber on their own...
- taotehue, on 10/12/2007, -0/+3@sinembarg,
Sunk is the correct verb tense for a noun verb agreement for the subject of this sentence.
Sunken is an adj. not a verb as in "The sunken ship of man's intellect requires the re-statement of the obvious."
See the difference?
http://dictionary.reference.com/search?q=sunken - progeek, on 10/12/2007, -0/+3The amazing part is that the language that was written in a time so different from ours, had such a broad view--and intended to be so--of what our rights should be. The ability to apply that language now, and make a written judgment that it does so, is inspiring.
More often than not, a right is taken away, not given. I would rather start with the rights in a situation, than have to fight for every situation. - Solidcell, on 10/12/2007, -2/+5@ slicedoranges
You know those forms you filled out when you first started going to that school? Those say you abide by *their* rules, no matter how rediculous they may be. We've all been there, we already know how f*ed up it can be. - Teemu, on 10/12/2007, -0/+2If the internet was truly covered by the First Amendment then we wouldn't even have to discuss about net neutrality.
- DoctorNo, on 10/12/2007, -0/+2>>Apple wanted to read one email, thats it, they wanted to find out what imployee was sending in emails to blogs regaurding secerets and unreleased products...
That's it? If you replaced the name "Apple" with "Microsoft" or "Sony" there would be a whole sh!t storm over the companies actions.
It could be a one email or a million; NO company, and that includes Apple, should be allowed to get your personal emails or trample your First Amendent rights just because they accuse or suspect you something. Apple should be able to bring a legitimate case without violating the inalienable rights and privacy of normal citizens.
What's more outrageous is that Apple isn't actually sueing the site or person they tried to get personal e-mail from, they claim its for another investigation, and more importantly nobody broke any laws. This is about Apple not liking that their own fans write on their blogs the inside tips on the next great product from their favorite brand. - Xopl, on 10/12/2007, -0/+2"Don't donate to the EFF because they always lose every case."
I ***** hate you people. - drawkbox, on 10/12/2007, -0/+2"We have now sunk to a depth at which re-statement of the obvious is the first duty of intelligent men." - George Orwell
In an age of Bush, or the "war on logic", restating the obvious is the first duty of intelligent men. - Muddle, on 10/12/2007, -0/+1The statement- - "In a public school, you do not have the same rights as you normally would." is incorrect. You have the rights your parents allow the school to let you have.
If you don't like it tell your parent who has the ability to intervene directly, legally or through various organizations such as the PTA.
For instance: My sons school is well aware of the fact that they do not have the right to restrain my child in any manner unless he's a danger to himself or others. If they ever do it again I'll sue their collective asses in court. They have the right to know he's going to the bathroom, but they don't have the right to tell him he can't go to the bathroom. You don't have to ask to go to the bathroom you just need to tell your teacher your going. Hell even at home he's started to come to me and say "Excuse me Sir, may I go to the bathroom". I also asked them what this Sir crap was and if any of them had been Knighted by the Queen of England. They were Mr., Miss., Ms., and none of them are royalty. - kindrobot, on 10/12/2007, -0/+1Read it again maybe?
Or perhaps a few times to let the words sink in. It has EVERYTHING to do
with those things. - kenfagerdotcom, on 10/12/2007, -0/+1@ Slicedoranges
Supreme Court Ruling: Bethel Sch. District v. Fraser
* "[T]he First Amendment does not prevent the school officials from determining that to permit a vulgar and lewd speech . . . would undermine the school's basic educational mission" (478 U.S., at 685).
* The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's countervailing interest in teaching students the boundaries of socially appropriate behavior.
Basically the Supreme Court ruled that vulgar speech used by students is not protected under the 1st Amendment. - stealthboy, on 10/12/2007, -3/+4Yes, it was called ARPANET. It was created by the DoD.
- stephenp114, on 10/12/2007, -1/+2Ha ha! Yet another point for us!
- taotehue, on 10/12/2007, -0/+1It is very much governed. Although that governing is very loose, it is there.
- kurtu5, on 10/12/2007, -0/+1wtf deso net neutrality have to do with the 1st? Is Att)or whoeever may not be neutral) a government agency resctricing your speech? Here is an anolgy that point out how absurd that notion is.
I pay a guy to tell someone a message. He doesn't do it. Is my speech resctricted? No. Either he has not fulfilled his end of the contract or I didn't read the fine print where it says, "guy has the right at any time to not deliver the message contigent opon the health of guys welfare and arbitrary choice."
Read the fine print and choose a provider who is neurtral. Oh and there is no amemdment that make online access a right. Its really a luxury. - drawkbox, on 10/12/2007, -0/+1"To see what is in front of one's nose needs a constant struggle." - George Orwell
"We have now sunk to a depth at which re-statement of the obvious is the first duty of intelligent men." - George Orwell
"At any given moment there is an orthodoxy, a body of ideas of which it is assumed that all right-thinking people will accept without question. It is not exactly forbidden to say this, that or the other, but it is "not done" to say it... Anyone who challenges the prevailing orthodoxy finds himself silenced with surprising effectiveness. A genuinely unfashionable opinion is almost never given a fair hearing, either in the popular press or in the high-brow periodicals". -- George Orwell, 1945, Introduction to 'Animal Farm.' - taotehue, on 10/12/2007, -0/+1"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,"
This is the wording in the 1st amendment that gives the right of a free press.
I do believe that the 4th amendment could come into play only with the search by government body. For instance, a private citizen can search your house and submit any evidence they want to a court without getting the said evidence tossed out. A police officer, however, must have a warrant.
The ruling in this case is that the web site has the rights of the press. - drawkbox, on 10/12/2007, -0/+1The fourth states people are secure in their "persons, houses, papers, and effects". Today that means data as paper has gone digital. Apple was pulling some nazi bs and I devested after this story (their stock has fallen from 70 to about 63 recently), is it worth it to them? THe only way to change anything (people no longer matter) is with your wallet and investments. Put your money where you mouth is so to speak.
In case anyone needs reminding:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " - drawkbox, on 10/12/2007, -1/+1btw... odd coincidence 1984 by Orwell was mostly written in the BVSH building in Europe in WWII.
- CountOlaf, on 10/12/2007, -0/+0Now, keep in mind here that the key word is 'civil' meaning that for Apple to get ahold of those emails the case would have to be rather extraordinary to meet the burden in a civil case in order for the court to order that those sites would have to reveal sources (for example, if posting that news or information would have led to drastic sales decline or perhaps a significant business advantage to a competitor). Since this is hardly on the level with that of leaking something which could be considered a threat to national security or state secrets (a felony, I believe) the court correctly found for the defendants.
If this were a criminal case I bet the outcome would be different.
The importance is that electronic publishing whether it be by a single person or a corporation is given the same protections as physical or verbal speech. Protection of sources for news stories is fundamental to democracy. - stevieB, on 10/12/2007, -1/+1Always dangerous to say that US law should be the governing law of the Internet.
- drawkbox, on 10/12/2007, -1/+1http://www.bushst.org/
- x3d33x, on 10/12/2007, -2/+2The internet was created by scientists as a means for communication.
http://www.walthowe.com/navnet/history.html
But yes, I am sure they would be saddened by what is becoming of it. - alx1507, on 10/12/2007, -3/+3Apple wanted to read one email, thats it, they wanted to find out what imployee was sending in emails to blogs regaurding secerets and unreleased products...
I could be wrong, but thats what i got from the article... - Muddle, on 10/12/2007, -0/+0I'd like to know why? You buried the most important, by your own admission and subsequent entries, post in this thread. A child questions and adults say ***** you.
Hell, he's modded down to -7 as of this post. - Muddle, on 10/12/2007, -0/+0I'd love nothing more than to see the Supreme Court try to foist that crap on my child.
All children are of mentally diminished capacity, some more than most. I've seen a mentally retarded adult stand off a battery or social workers, police and concerned adults with nothing but gestures and morally (Your morality.) reprehensible words. If anyone of them touched him their ass would be in a legal sling. - inactive, on 10/12/2007, -3/+3wrong, it is goverened
- sinembarg0, on 10/12/2007, -1/+1"We have now sunk to a depth at which re-statement of the obvious is the first duty of intelligent men."
- George Orwell
No offense to Orwell, but shouldn't the correct form be sunken and not sunk? - cmdrrobot, on 10/12/2007, -1/+0"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "
What does privacy, emails and subpoenas have to do with the first amendment. God damn Americans need to read your own bloody constitution. It's not even that long.
P.S. Maybe you're thinking of the 4th amendment. - NoahK, on 10/12/2007, -5/+3Nah. Last I checked Al Gore was pretty content w/ his creation.
- Blah_Blah_Blah, on 10/12/2007, -7/+4The Internets isnt governed by anyone... and it will never be.
- Blah_Blah_Blah, on 10/12/2007, -8/+3Didnt the government 'create' the internet as a means of communication at first? Not that they have any rights to it though (thank god).
- inactive, on 10/12/2007, -7/+2The creator of the internet is deeply saddened at what his creation has become.
- slicedoranges, on 10/12/2007, -19/+10At our high school, we get suspended for 5 days for saying a racial slur, even in a friendly way during lunch break.


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