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Originally Posted by Vegas
A long line of First Amendment cases recognizes that freedom of expression is not absolute. Even where the First Amendment fully applies, as Justice Oliver Wendell Holmes, Jr. famously wrote, no one has the right to falsely yell "fire" in a crowded theater. Similarly, the First Amendment does not protect defamation, invasion of privacy, copyright infringement, threats or harassment, to cite just a few of the well-established, judicially approved limitations on free speech.
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Oh, please, don't give me this Supreme Court nonsense! Court decisions can (and sometimes have been) overturned by successive Supreme Court decisions. Besides, there's nothing in Article III (as amended) that gives the Court the right to "interpret" the Constitution or otherwise impose limits on what is set forth there.
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And Yes the UCMJ is very relevant as this person was a member of the military and COULD have been punished much more harshly
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Members of the armed forces do, in fact, lose some of their rights by virtue of being in the military. However, this kid hadn't even gone to boot camp yet. I'm not denying the Marine Corps right to release the kid from his contract against his will (though a federal court might), I'm objecting to the school turning the essay over to the police and the police charging the kid with a crime. Further, the article never said what crime the student supposedly committed. It only said that "The charges could result in a $1,500 fine and as many as 30 days in jail if Lee is convicted." Note what also was said in the article: "'The teacher told students: "Be creative; there will be no judgment and no censorship,"' Thomas Loizzo said. 'There was never any warning from the teacher that if she determined the paper to be offensive, she would then pass it along to the authorities.'"
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