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Student charged with felony after pointing finger gun (youtu.be)

submitted 2 months ago by Wilshire@lemmy.world to c/nottheonion@lemmy.world

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[–] potentiallynotfelix@lemdro.id 80 points 2 months ago (2 children)

Now I'm no judge, but I see this as a first amendment violation. The student was expressing his disdain towards the kids in a jackass sort of way, but being a jackass isn't and shouldn't be against the law.

[–] WoodScientist@lemmy.world 10 points 2 months ago

I would be inclined to agree. Schools themselves have wide latitude to police this type of thing, much wider than general criminal law could do. So I have no problem with the kid being suspended. The criminal charge on the other hand is another matter entirely. That seems like a clear 1st Amendment violation.

[–] roguetrick@lemmy.world 4 points 2 months ago

Depends on context. In this case it's obvious it's not a "true threat." https://constitution.congress.gov/browse/essay/amdt1-7-5-6/ALDE_00013807/