Sorry your browser is not supported!

You are using an outdated browser that does not support modern web technologies, in order to use this site please update to a new browser.

Browsers supported include Chrome, FireFox, Safari, Opera, Internet Explorer 10+ or Microsoft Edge.

Geek Culture / [LOCKED] What is the legal rules on this?

Author
Message
NIlooc223
12
Years of Service
User Offline
Joined: 27th Aug 2010
Location: Heaven
Posted: 18th Feb 2015 23:38
I live in Texas and recently the school confiscated my hat and will not return it to me because it has marijuana leaves on it. It is my property and I paid for it. Are they allowed to do this? Also, I am a legal adult according to Texas law. and under the law would be tried as an adult.
Dark Java Dude 64
Community Leader
12
Years of Service
User Offline
Joined: 21st Sep 2010
Location: Neither here nor there nor anywhere
Posted: 18th Feb 2015 23:44
My initial intuition said that they would need to return it upon your parents' request, but then you mentioned you are an adult. I would say what they are doing is illegal, but I am not certain. Look into freedom of expression laws, especially Supreme Court cases on expression. It's all First Amendment stuff. Schools are odd exceptions, however.

NIlooc223
12
Years of Service
User Offline
Joined: 27th Aug 2010
Location: Heaven
Posted: 18th Feb 2015 23:47
I have been searching forever about the laws on this subject and as far as I can tell, schools can practically make their own laws. I am going to attempt to talk to them once again tomorrow. This hat is very expensive which upsets me even more.
Quik
14
Years of Service
User Offline
Joined: 3rd Jul 2008
Location: Equestria!
Posted: 18th Feb 2015 23:49
Whatever you do outside of school is none of the schools bsnss.. for the most of the time I guess atleast
So, they could probably disallow you to wear it at school but I would guess they can't just "take it from you"
That said, I really don't know what I'm talking about, especially since I live in the other side of the world.



Whose eyes are those eyes?
NIlooc223
12
Years of Service
User Offline
Joined: 27th Aug 2010
Location: Heaven
Posted: 18th Feb 2015 23:55
Well doing some research on the freedom of expression law like Java Dude said to do. They can not stop me from wearing the hat just because it has leaves on it. If it had writing on it that was to suggest people to smoke or do drugs it would be a different thing according to a court case that happened a while back. Overall it appears they do not have the legal rights to keep my hat or prevent me from having it on me.
wattywatts
13
Years of Service
User Offline
Joined: 25th May 2009
Location: Michigan
Posted: 19th Feb 2015 00:02
I'm a teacher. It depends on school policy, but I would assume you could get it back.
As for how you lost it...
Stop trying to play the adult card while you're still going to school.
Quik
14
Years of Service
User Offline
Joined: 3rd Jul 2008
Location: Equestria!
Posted: 19th Feb 2015 00:03 Edited at: 19th Feb 2015 00:04
Quote: "Stop trying to play the adult card while you're still going to school."

22 here, going to school
will keep going to school for 3 more years atleast
I have a 6 year old daughter and live in my own apartment
yeah sure, you have to be a kid to go to school.

edit: I realize there might be comments regarding my childs age with my own age, so let's just cut it short: I got her when I was 16, yes it was sort of an accident, Yes I love her and would do nothing differently and let's please leave it there.



Whose eyes are those eyes?
wattywatts
13
Years of Service
User Offline
Joined: 25th May 2009
Location: Michigan
Posted: 19th Feb 2015 00:06
Quote: "22 here, going to school
will keep going to school for 3 more years atleast
I have a 6 year old daughter and live in my own apartment
yeah sure, you have to be a kid to go to school."

Good for you. I wasn't being offensive, and I'm still not going to be.
Quik
14
Years of Service
User Offline
Joined: 3rd Jul 2008
Location: Equestria!
Posted: 19th Feb 2015 00:10
No I just thought the comment was both unnecessary and not really based on anything.



Whose eyes are those eyes?
wattywatts
13
Years of Service
User Offline
Joined: 25th May 2009
Location: Michigan
Posted: 19th Feb 2015 00:18
The comment was based on a presumption that I was talking to an adult with a childlike mentality. I wasn't talking to you in the first place. I've always liked your comments and I don't have a single bad thing to say about you.

Maybe you're the type of guy who would wear a controversial article of clothing around and not do it to attract attention or purposely go against the grain, and maybe this guy is too. I don't know. But really, it doesn't make much difference, because there's no point whatsoever to wear controversial clothing at school - unless your a teenager trying to press the boundaries.

Being an adult means you learn to bend when necessary. So, being an adult, you recognize that wearing clothing with a marijuana leaf on it is considered controversial and out of respect you choose not to wear it at school.
Quik
14
Years of Service
User Offline
Joined: 3rd Jul 2008
Location: Equestria!
Posted: 19th Feb 2015 00:25 Edited at: 19th Feb 2015 00:30
I will say fair enough to the marijuana leafs being controversial and I will also say thank you for liking my comments



Whose eyes are those eyes?
Dark Java Dude 64
Community Leader
12
Years of Service
User Offline
Joined: 21st Sep 2010
Location: Neither here nor there nor anywhere
Posted: 19th Feb 2015 01:12
Quote: "schools can practically make their own laws"
Yeah, whatever 'promotes the academic environment' goes.

Quote: "Whatever you do outside of school is none of the schools bsnss.. for the most of the time I guess atleast"
Haha yeah, only to a degree. Cyber bullying that takes place outside of the school can be punished by the school. In fact, if I were to cyber bully students from another school but not my own, that other school would have the right to discipline me, whereas my own school would not necessarily.

Quote: "They can not stop me from wearing the hat just because it has leaves on it. If it had writing on it that was to suggest people to smoke or do drugs it would be a different thing according to a court case that happened a while back"
What court case was that? To be honest, the whole leaves thing is a really gray area. I understand how suggestive writing could definitely be disallowed, but images of a plant are really vague. How could one be so certain that it's marijuana? Sure, you know they are marijuana leaves, but they are only able to guess what they are. You may be able to use that to your defense.

Quote: "Overall it appears they do not have the legal rights to keep my hat or prevent me from having it on me. "
If I recall, they have the right to prevent you from wearing it, but yeah, they can't take it from you or prevent you from having it with your person (stowed away in a pack, say).

My government teacher used to work at a school with a largely gangster type population, and eventually, wearing a black wristband became a symbol of allegiance to some gang or another. While the black wristbands were just that, black bands of rubber with no writing or images on them, the school had the right to stop students from wearing them. Some students took it to low level courts, which upheld the school's right to prevent the students from wearing black bands. However, even then, the school had no right to take possession of and refuse to return the bands.

Indicium
14
Years of Service
User Offline
Joined: 26th May 2008
Location:
Posted: 19th Feb 2015 01:24
Quote: "Cyber bullying that takes place outside of the school can be punished by the school. "


One could argue that cyber bullying is breaking the law.
NIlooc223
12
Years of Service
User Offline
Joined: 27th Aug 2010
Location: Heaven
Posted: 19th Feb 2015 02:31
I understand how it could be a gray area. I definitely will not be wearing it around school once I get it back because I do not want to deal with this again. I wear hats a lot because it helps keep the sun off my face and out of my eyes when I am outside, which is a lot. I really do not want to have to go drop more money on a hat when one I own is sitting inside a desk in a school.

And for cyber bullying it is illegal, there are a lot of punishable offences. At least where I live there is.
Phaelax
DBPro Master
19
Years of Service
User Offline
Joined: 16th Apr 2003
Location: Metropia
Posted: 19th Feb 2015 02:41
They need to give the hat back, otherwise I'd say it's stealing. Have they warned you before confiscating it and you just continued to wear it anyway? If not, then I was ask them to point out in the student handbook where it says you may not wear that hat; There likely exists such a clause about promoting drug use in school, which is kind of what the pot leaf is symbolizing.



As for the legal adult thing, who enrolled you into school this year? Yourself? Or your parents? If your parents, they're you're legal guardian according to the school, not you. When I was 18, I enrolled myself in highschool senior year (long story). So they were not permitted to contact my parents for any reason, for sick call or grades.

But you're in Texas.... so who knows. File a police report for stolen property!


"I like offending people, because I think people who get offended should be offended." - Linus Torvalds
NIlooc223
12
Years of Service
User Offline
Joined: 27th Aug 2010
Location: Heaven
Posted: 19th Feb 2015 03:09
They have never warned me about the hat before, in fact the day before this a different Assistant Principle complimented the hat and said they liked it. It was just this one specific AP that decided to take the hat. None of the others seem to have an issue with it.
Clonkex
Forum Vice President
12
Years of Service
User Offline
Joined: 20th May 2010
Location: Northern Tablelands, NSW, Australia
Posted: 19th Feb 2015 05:24
Advertising/Software/Pornographic/Disallowed

This thread has been locked because it contains unauthorised advertising, potentially illegal software links or other disallowed topic material. Please refer to section 3.2 - 3.6 of the Acceptable Usage Policy for full details:

http://www.thegamecreators.com/?gf=aup#forum

AUP Section 3.17 ...Moderators shall, at their discretion, determine what constitutes a violation of these terms, along with generally accepted netiquette standards, and can take action against those who violate these rules.

If you contributed to the reason for locking, you may now find yourself on moderation, or in extreme cases a ban.

Login to post a reply

Server time is: 2023-01-28 06:36:23
Your offset time is: 2023-01-28 06:36:23