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Can students be punished for something that is their fundamental right?

  • 14-10-2015 6:37pm
    #1
    Registered Users, Registered Users 2 Posts: 16


    Hi all, I'm wondering as to what the rights of students are. Are students entitled to fundamental rights (as per the Irish constitution) without it being a legal issue?

    I believe that in my school people are being disciplined for what is their fundamental right (freedom of speech). And, no, they are not disrupting class or anything but rather for example at lunch if they're talking and a teacher sneaks up behind them and listens to what is being said - can they be punished? I'd rather not give the particular details because I'd be fairly certain my school is one of if not the only school to have this rule and I'd rather not be identified. But if I need to I will, thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Ah here.

    Presumably these students were bitching about a teacher in the school or another student or something to that effect. Now they are being punished for what they said.

    If you say something out loud in a public area and can be heard by other people, then you are fair game. Teachers are required to do lunchtime supervision, so I doubt any sneaking was involved. Most teachers have better things to do with their time.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    In short - yes you can be punished if you're acting up or being particularly rude.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    In short - yes you can be punished if you're acting up or being particularly rude.
    Ah here.

    Presumably these students were bitching about a teacher in the school or another student or something to that effect. Now they are being punished for what they said.

    If you say something out loud in a public area and can be heard by other people, then you are fair game. Teachers are required to do lunchtime supervision, so I doubt any sneaking was involved. Most teachers have better things to do with their time.

    None of the above. I guess I'll have to say what it is. I go to a gaelscoil and if we're "caught" talking english we get disciplined.


  • Moderators, Category Moderators, Education Moderators Posts: 27,315 CMod ✭✭✭✭spurious


    Their club, their rules.


  • Registered Users, Registered Users 2 Posts: 1,275 ✭✭✭bpmurray


    I go to a gaelscoil and if we're "caught" talking english we get disciplined.

    That's one of the fundamental rules of the school. Absolutely no rights whatsoever have been infringed. Free speech refers to the content, not the format!


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  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    None of the above. I guess I'll have to say what it is. I go to a gaelscoil and if we're "caught" talking english we get disciplined.

    You signed up to go to an Irish speaking school where the rule is to speak Irish. You broke the rule. You got punished. I don't see the problem.

    If you don't want to play by their rules go to an English speaking school.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    spurious wrote: »
    Their club, their rules.

    It's not a club, it's a school. I understand that it would naturally make sense for us to speak Irish all the time and I don't dispute that we should, but just because it's an Irish school shouldn't mean that they can disregard our right?
    bpmurray wrote: »
    That's one of the fundamental rules of the school. Absolutely no rights whatsoever have been infringed. Free speech refers to the content, not the format!

    Fundamental rights of a human < Fundamental rules of a school? I disagree, free speech includes both the content and the language it's spoken in. Most things, I can't express myself adequately through Irish so it's just much easier to speak in English.
    You signed up to go to an Irish speaking school where the rule is to speak Irish. You broke the rule. You got punished. I don't see the problem.

    If you don't want to play by their rules go to an English speaking school.

    What makes you think any of this other than I go to an Irish speaking school?


  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    It's not a club, it's a school. I understand that it would naturally make sense for us to speak Irish all the time and I don't dispute that we should, but just because it's an Irish school shouldn't mean that they can disregard our right?



    Fundamental rights of a human < Fundamental rules of a school? I disagree, free speech includes both the content and the language it's spoken in. Most things, I can't express myself adequately through Irish so it's just much easier to speak in English.


    It's not your right. You chose to enrol in the school. You didn't have to go there. When you enrolled presumably you signed up to the school rules and policies. You signed a contract. Same as any other contract, there are terms and conditions. It's your problem that you don't like the terms and conditions you signed up for.

    Harping on about your human rights is ridiculous.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    Thanks guys I've come to the conclusion that there is no basis for an argument. For what it's worth I didn't speak English or get punished, I was just interested in whether this was an infringement of our rights or not. Thanks!


  • Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    I'd be fairly certain my school is one of if not the only school to have this rule.

    Nope, quite a few gaelscoils can and do have this rule. Not all but I know of 4 that do have it.

    Most likely the punishment was lines / detention or delayed back after class for a few mins. Move on, they didn't breach your right to free speech, they disciplined you for breaking a school rule.


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  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    Yawns wrote: »
    Nope, quite a few gaelscoils can and do have this rule. Not all but I know of 4 that do have it.

    Most likely the punishment was lines / detention or delayed back after class for a few mins. Move on, they didn't breach your right to free speech, they disciplined you for breaking a school rule.

    Actually suspension after 3 times. Should've phrased that better but I'm sure the punishment in my school is the only one worth giving out about.


  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Actually suspension after 3 times.

    Harsh perhaps, but if it's clearly stated as a consquence for speaking English and being caught 3 times then it is still the student's problem. They know the consequences for breaking the rule.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    It's not your right. You chose to enrol in the school. You didn't have to go there. When you enrolled presumably you signed up to the school rules and policies. You signed a contract. Same as any other contract, there are terms and conditions. It's your problem that you don't like the terms and conditions you signed up for.

    Harping on about your human rights is ridiculous.

    Don't be hostile, it's not me vs you, I was just interested in it I'm not going to go in and fight the system or anything!

    Signing a contract that says it can breach your rights does not make you concede your rights?


  • Closed Accounts Posts: 1,844 ✭✭✭Banjoxed


    You signed up to go to an Irish speaking school where the rule is to speak Irish. You broke the rule. You got punished. I don't see the problem.

    If you don't want to play by their rules go to an English speaking school.

    More likely their parents signed up to it and not them.

    Here's a thing. Imagine any school in Ireland where if English is the spoken language, speaking Irish incurs disciplinary action?

    No, I couldn't either.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    Harsh perhaps, but if it's clearly stated as a consquence for speaking English and being caught 3 times then it is still the student's problem. They know the consequences for breaking the rule.

    Very harsh! I definitely agree that it's the student's problem. I think I'm just salty because the consequences are harsh and that it could potentially happen to me (partly adolescent rebelliousness).


  • Registered Users, Registered Users 2 Posts: 306 ✭✭Seesee


    You will however get your extra 10% or whatever it is now for doing your exams in Irish so it will all be worth it in the end and once you leave school you'll never, ever have to speak the language again!


  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Don't be hostile, it's not me vs you, I was just interested in it I'm not going to go in and fight the system or anything!

    Signing a contract that says it can breach your rights does not make you concede your rights?

    I'm not being hostile. Every year coming up to leaving cert there is some story in the paper of some student who has dyed their hair purple or got a load of facial piercings and is whinging because the school they are in won't let them back in until their dye their hair back to the normal colour / remove their piercings.

    Every year they appear in some gutter tabloid saying their are being denied their right to sit the leaving cert, when in reality, they signed up to the school rules, not just that year but 5 years earlier when they entered the school as a first year. It usually emerges that the same student has been acting the pup all year with this caper and has only been attending one day a week anyway and finally the school has taken action after lots of warnings etc. They then decide to go to the media with a sob story making the school management look like the big bad wolf when the student was in the wrong the whole time.

    This type of rule is no different. If you get a job in a business and they tell you that you can't have visible tattoos or piercings and the first week you rock up with a bar through your nose they will tell you to remove it or find a job elsewhere. It is your right to put a bar through your nose, it is their right to choose not to employ you when a stipulation of the job was no piercings.

    Just like this, it is your right to speak English, it's is the schools right to suspend you or any other student who speaks English when you have signed up to a rule that states you agree to speak Irish on their premises.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    Seesee wrote: »
    You will however get your extra 10% or whatever it is now for doing your exams in Irish so it will all be worth it in the end and once you leave school you'll never, ever have to speak the language again!

    So true! (well give or take 5% for it being a bit harder as Gaeilge). But yeah it's not about that really I just think it's interesting whether or not people think it's wrong that they can suspend us for communicating (among ourselves at lunch) in the most efficient manner.


  • Registered Users, Registered Users 2 Posts: 430 ✭✭emersyn


    Banjoxed wrote: »
    More likely their parents signed up to it and not them.

    Here's a thing. Imagine any school in Ireland where if English is the spoken language, speaking Irish incurs disciplinary action?

    No, I couldn't either.

    That's a false equivalence. Irish is a dying language, one of the whole points behind Gaelscoils is to try and keep it alive. Since English is the most common language in the country your scenario isn't valid as it's a completely different situation. If people were constantly speaking English in Gaelscoils there wouldn't be any point in them existing. No one's human rights are being breached in this situation; as everyone keeps saying, if you're not willing to speak Irish while attending a Gaelscoil you should go to a different school.


  • Closed Accounts Posts: 39,022 ✭✭✭✭Permabear


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Banjoxed wrote: »
    More likely their parents signed up to it and not them.

    Here's a thing. Imagine any school in Ireland where if English is the spoken language, speaking Irish incurs disciplinary action?

    No, I couldn't either.

    Parents also make rules for their kids. They are the adults.

    You are not taking a like for like case. English is the de facto language of the country. Irish is also an official language but is spoken by a minority of people as their first language and on a daily basis. Gaelscoils specifically promote the use of the Irish language, and culture associated with the Irish language. They have a specific cultural and linguistic ethos. Boards of management running schools with that rule obviously feel that the rule is necessary to ensure that Irish is the spoken language. Otherwise if the rule is relaxed, most students probably would revert to their first language which for most is English.

    Also while many Gaelscoils are in Gaeltacht areas where students might actually speak Irish outside school, many are not, and many students attend Gaelscoils where that is their only exposure to the language. So it would be pointless to try and run a Gaelscoil and provide Irish language immersion if everyone spoke English by choice.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    I'm not being hostile. Every year coming up to leaving cert there is some story in the paper of some student who has dyed their hair purple or got a load of facial piercings and is whinging because the school they are in won't let them back in until their dye their hair back to the normal colour / remove their piercings.

    Every year they appear in some gutter tabloid saying their are being denied their right to sit the leaving cert, when in reality, they signed up to the school rules, not just that year but 5 years earlier when they entered the school as a first year. It usually emerges that the same student has been acting the pup all year with this caper and has only been attending one day a week anyway and finally the school has taken action after lots of warnings etc. They then decide to go to the media with a sob story making the school management look like the big bad wolf when the student was in the wrong the whole time.

    This type of rule is no different. If you get a job in a business and they tell you that you can't have visible tattoos or piercings and the first week you rock up with a bar through your nose they will tell you to remove it or find a job elsewhere. It is your right to put a bar through your nose, it is their right to choose not to employ you when a stipulation of the job was no piercings.

    Just like this, it is your right to speak English, it's is the schools right to suspend you or any other student who speaks English when you have signed up to a rule that states you agree to speak Irish on their premises.

    Ah yes it's the exact same!! Someone who shows up 1 day a week being suspended for a piercing/hair dye is the EXACT same to someone who speaks to their friends at lunch who shows up 5 days a week and gets straight A's!!

    Basically my point is that just because you signed up for a gaelscoil doesn't mean you concede your right to free speech. Who could disagree with that?


  • Registered Users, Registered Users 2 Posts: 430 ✭✭emersyn


    Basically my point is that just because you signed up for a gaelscoil doesn't mean you concede your right to free speech. Who could disagree with that?
    What do you think is the point of gaelscoils existing if you think you should be allowed to speak English...?


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    emersyn wrote: »
    What do you think is the point of gaelscoils existing if you think you should be allowed to speak English...?

    To be educated through the Irish language. So you do believe that you concede your right by attending?


  • Registered Users, Registered Users 2 Posts: 430 ✭✭emersyn


    To be educated through the Irish language. So you do believe that you concede your right by attending?

    I believe that you're confused about the concept of free speech. Having free speech means the government can't jail you based on the opinions you voice. It doesn't have anything to do with a school giving you detention for breaking their extremely reasonable rule.


  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Ah yes it's the exact same!! Someone who shows up 1 day a week being suspended for a piercing/hair dye is the EXACT same to someone who speaks to their friends at lunch who shows up 5 days a week and gets straight A's!!

    Both are breaking the rules, so in this case it is comparable.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    emersyn wrote: »
    I believe that you're confused about the concept of free speech. Having free speech means the government can't jail you based on the opinions you voice. It doesn't have anything to do with a school giving you detention for breaking their extremely reasonable rule.

    Incorrect. These rights are natural human rights and are confirmed and protected by the Constitution. You have the right to freely express your opinion (cannot be disciplined for it).


  • Registered Users, Registered Users 2 Posts: 15,397 ✭✭✭✭rainbowtrout


    Basically my point is that just because you signed up for a gaelscoil doesn't mean you concede your right to free speech. Who could disagree with that?

    No one is taking away your right to free speech, you can say whatever you want, but while in the grounds of your school you'll have to say it in Irish.

    free speech
    noun
    the right to express any opinions without censorship or restraint.

    It doesn't sound like your opinions are being censored here. Also if you signed up to be educated through Irish, surely your education includes expanding your Irish vocabulary which you will need to do if you want to continue conversations with your friends at lunch?


  • Registered Users, Registered Users 2 Posts: 430 ✭✭emersyn


    Incorrect. These rights are natural human rights and are confirmed and protected by the Constitution. You have the right to freely express your opinion (cannot be disciplined for it).

    If you honestly think you're being denied your constitutional rights I'd suggest taking your issue to court and seeing how well it plays out.


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  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    emersyn wrote: »
    If you honestly think you're being denied your constitutional rights I'd suggest taking your issue to court and seeing how well it plays out.

    I didn't say I'm being denied my constitutional rights.
    No one is taking away your right to free speech, you can say whatever you want, but while in the grounds of your school you'll have to say it in Irish.



    It doesn't sound like your opinions are being censored here. Also if you signed up to be educated through Irish, surely your education includes expanding your Irish vocabulary which you will need to do if you want to continue conversations with your friends at lunch?

    Nice quote from the dictionary, The Constitution recognises and declares that people living in Ireland have certain fundamental personal rights. These rights are natural human rights and are confirmed and protected by the Constitution.

    "No one is taking away your right to free speech". I guess that's the same if I live in a country which prohibits free speech, I can say it, but I'd get punished for it.

    If I can't adequately express my opinion in Irish, that would mean that I'm being denied free speech. My education does include expanding my vocabulary, obviously not well enough.


  • Registered Users, Registered Users 2 Posts: 1,396 ✭✭✭DivingDuck


    Agreeing to be educated in Irish shouldn't mean you're unable to express yourself in English during what should be a private conversation with another pupil. Secondary pupils generally have very little individual say in what school they attend as it's usually chosen by their parents when they are under 12. Changing school in the middle of your education is difficult and in many cases not even practical or possible, so simply saying "Go somewhere else if you don't like it" is unrealistic.

    Unfortunately, you probably don't have much legal recourse here, but I'd love to see someone challenge the schools over it legally. I doubt it would succeed, though, since all you could do would be challenge them for banning certain words (English words), and for a court to find in your favour, it would open the door to schools being unable to ban swearing at staff, etc.

    I think like most people, you'll simply have to accept that secondary school has to be mostly tolerated rather than enjoyed, and look forward to the day when you can leave.


  • Registered Users, Registered Users 2 Posts: 829 ✭✭✭hognef


    Presumably, you can learn German in a gaelscoil. I wonder if you would be punished for improving your German by speaking it outside of classes?


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    DivingDuck wrote: »
    Agreeing to be educated in Irish shouldn't mean you're unable to express yourself in English during what should be a private conversation with another pupil. Secondary pupils generally have very little individual say in what school they attend as it's usually chosen by their parents when they are under 12. Changing school in the middle of your education is difficult and in many cases not even practical or possible, so simply saying "Go somewhere else if you don't like it" is unrealistic.

    Unfortunately, you probably don't have much legal recourse here, but I'd love to see someone challenge the schools over it legally. I doubt it would succeed, though, since all you could do would be challenge them for banning certain words (English words), and for a court to find in your favour, it would open the door to schools being unable to ban swearing at staff, etc.

    I think like most people, you'll simply have to accept that secondary school has to be mostly tolerated rather than enjoyed, and look forward to the day when you can leave.

    Finally someone understands! "Just leaving" is quite a big deal!

    It's not that I actually care about legal recourse (or the rule, as a matter of fact, although it's dumb) I was just wondering out of interest.


  • Registered Users, Registered Users 2 Posts: 33,754 ✭✭✭✭Princess Consuela Bananahammock


    Thanks guys I've come to the conclusion that there is no basis for an argument. For what it's worth I didn't speak English or get punished, I was just interested in whether this was an infringement of our rights or not. Thanks!

    If it's during school time then no - as someone said, you're bound by the school rules you (or your parents onyour behalf) agreed to upon your enrollemnt. you'll just have to either speak Irish, or not get caught.

    If it's outside of school time, then yes.

    You still have the right to attend a diffetent school where the rules are more to your liking.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Moderators, Category Moderators, Education Moderators Posts: 27,315 CMod ✭✭✭✭spurious


    hognef wrote:
    Presumably, you can learn German in a gaelscoil. I wonder if you would be punished for improving your German by speaking it outside of classes?


    It would depend on whether that was a school rule or not. Their club/party/institution, their rules.


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  • Registered Users, Registered Users 2 Posts: 746 ✭✭✭Mr Rhode Island Red


    It's threads like these that make me remember just how many rules I'm abiding by in school and make me want to get out as soon as possible.


  • Registered Users, Registered Users 2 Posts: 29,509 ✭✭✭✭randylonghorn


    It's not a club, it's a school. I understand that it would naturally make sense for us to speak Irish all the time and I don't dispute that we should, but just because it's an Irish school shouldn't mean that they can disregard our right?

    Fundamental rights of a human < Fundamental rules of a school? I disagree, free speech includes both the content and the language it's spoken in. Most things, I can't express myself adequately through Irish so it's just much easier to speak in English.
    Incorrect. These rights are natural human rights and are confirmed and protected by the Constitution. You have the right to freely express your opinion (cannot be disciplined for it).
    Ok, let's take this discussion, which has wandered a bit, back to basics.

    You base your argument on the fundamental right to free speech. Unfortunately, you do so without understanding just what is meant by that right.

    You're not the only one in fairness; even many highly educated adults (at least in terms of fancy bits of paper decorating their walls) regularly pontificate about the right to free speech without understanding what it actually covers.

    The general assumption is that freedom of speech means you have the right to say whatever you want, whenever you want, wherever you want without restriction. It doesn't mean anything of the kind, even for an adult of legal age living in the most free democracy you can think of in the world. There are always restrictions.

    Let's just look for a minute at a few of the restrictions which a normal adult in a free democracy might encounter in this respect. The law of the country will normally impose several, and they usually have to do with balancing your right of free speech with the rights of others to privacy, to maintain their good name, to live their lives free of harassment or hate-speech due to their gender, ethnic origins, religion, sexuality, etc. Thus for example there are laws to protect the privacy of individuals, there are laws of defamation to protect their good name, there are laws about hate-speech etc. All of these restrict an individual's right to freedom of speech to some extent, with a view to balancing their right to free speech with the rights of others, and as such they are deemed acceptable and indeed necessary by not just state legislatures around the world but by the UNCHR itself.

    Now, you will immediately say "but none of these are particularly close corollaries to the situation I described!" ... and you would be right. But I'm not suggesting they are, I'm simply pointing out that there are always restrictions on absolute free speech, and that some of them are actually imposed and accepted as necessary and supported by the very bodies which support and promulgate the right to free speech itself.

    Now, let's look at some other restrictions to the right to free speech: the ones you agree to yourself as an individual (or which are agreed to on behalf of a minor by his / her parents or guardians, which legally is the same thing); and here we come closer to the nub of your case.

    If you go down to the cinema on Saturday, and decide to exercise your right to free speech on (let's just say) the political situation in the Middle East in the middle of the film, you will most likely be ejected. Why? Have the management strong views on the Middle East? Unlikely, tbh. You will be ejected because by buying your ticket and entering the cinema you implicitly agreed to abide by the rules of the place, i.e. that patrons shall remain silent so that others may enjoy the film without interruption. You may not have signed a contract on the way in, but you nevertheless "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech to conform to the rules of the cinema.

    When people join Boards.ie, they agree to the terms and conditions of the site, including to obey the site rules. These rules deliberately limit freedom of speech both to obey the law (in some instances) and so that all may enjoy the site; they require a certain degree of civility and forbid posters to abuse others; they forbid discussion of certain subjects (e.g. where to get drugs, how to commit illegal acts, discussions which are defamatory to named individuals, posts advertising businesses, etc. etc.) and so on. By signing up to the site and accepting the terms and conditions, you "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech to conform to the rules of the site.

    When students enrol in a school, they agree to the terms and conditions laid down by the school (or, given their age, normally their parents / guardians agree to them on their behalf; legally, it's the same thing when the individual is a minor). In the case you mention, this entails not so much a curb on your right to free speech (though there are likely to be restrictions on that as well; announcing loudly in the classroom that the principal is a b*ll*ox is likely to bring down a penalty on your head!) as a curb on the medium through which you express it. You (or your parents / guardians on your behalf) agreed that you would speak Irish at all times during the school day / on the school premises (or whatever way it's worded). By enrolling in the school and accepting the terms and conditions, you "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech (and to restrict the medium through which you expressed yourself) to conform to the rules of the school.

    In none of the above cases would any court hold that your fundamental right to free speech had been abrogated.

    The right to free speech is never absolute. There are always restrictions, whether ones imposed by state law in order to balance that right with the rights of others, or ones which you have agreed to impose on yourself in order to be part of a club / institution / school / discussion site / cinema audience, etc.
    Banjoxed wrote: »
    Here's a thing. Imagine any school in Ireland where if English is the spoken language, speaking Irish incurs disciplinary action?

    No, I couldn't either.
    That's because there's no reason for such a rule in any school.

    However, just to mention as a matter of interest, there are many English-speaking schools in non-English speaking countries around the world which have the same or similar rules. Such schools are, like the gaelscoileanna, "language immersion" schools, and such rules are a pretty normal part of that scenario.

    In other words, it's not just an Irish oddity! :pac:


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭La Fenetre


    Many people today don't seem to realise that every right also comes with a responsibility. If you don't accept the corresponding responsibility that goes with that right, the right disappears.


  • Registered Users, Registered Users 2 Posts: 16 VastEmptiness


    Ok, let's take this discussion, which has wandered a bit, back to basics.

    You base your argument on the fundamental right to free speech. Unfortunately, you do so without understanding just what is meant by that right.

    You're not the only one in fairness; even many highly educated adults (at least in terms of fancy bits of paper decorating their walls) regularly pontificate about the right to free speech without understanding what it actually covers.

    The general assumption is that freedom of speech means you have the right to say whatever you want, whenever you want, wherever you want without restriction. It doesn't mean anything of the kind, even for an adult of legal age living in the most free democracy you can think of in the world. There are always restrictions.

    Let's just look for a minute at a few of the restrictions which a normal adult in a free democracy might encounter in this respect. The law of the country will normally impose several, and they usually have to do with balancing your right of free speech with the rights of others to privacy, to maintain their good name, to live their lives free of harassment or hate-speech due to their gender, ethnic origins, religion, sexuality, etc. Thus for example there are laws to protect the privacy of individuals, there are laws of defamation to protect their good name, there are laws about hate-speech etc. All of these restrict an individual's right to freedom of speech to some extent, with a view to balancing their right to free speech with the rights of others, and as such they are deemed acceptable and indeed necessary by not just state legislatures around the world but by the UNCHR itself.

    Now, you will immediately say "but none of these are particularly close corollaries to the situation I described!" ... and you would be right. But I'm not suggesting they are, I'm simply pointing out that there are always restrictions on absolute free speech, and that some of them are actually imposed and accepted as necessary and supported by the very bodies which support and promulgate the right to free speech itself.

    Now, let's look at some other restrictions to the right to free speech: the ones you agree to yourself as an individual (or which are agreed to on behalf of a minor by his / her parents or guardians, which legally is the same thing); and here we come closer to the nub of your case.

    If you go down to the cinema on Saturday, and decide to exercise your right to free speech on (let's just say) the political situation in the Middle East in the middle of the film, you will most likely be ejected. Why? Have the management strong views on the Middle East? Unlikely, tbh. You will be ejected because by buying your ticket and entering the cinema you implicitly agreed to abide by the rules of the place, i.e. that patrons shall remain silent so that others may enjoy the film without interruption. You may not have signed a contract on the way in, but you nevertheless "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech to conform to the rules of the cinema.

    When people join Boards.ie, they agree to the terms and conditions of the site, including to obey the site rules. These rules deliberately limit freedom of speech both to obey the law (in some instances) and so that all may enjoy the site; they require a certain degree of civility and forbid posters to abuse others; they forbid discussion of certain subjects (e.g. where to get drugs, how to commit illegal acts, discussions which are defamatory to named individuals, posts advertising businesses, etc. etc.) and so on. By signing up to the site and accepting the terms and conditions, you "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech to conform to the rules of the site.

    When students enrol in a school, they agree to the terms and conditions laid down by the school (or, given their age, normally their parents / guardians agree to them on their behalf; legally, it's the same thing when the individual is a minor). In the case you mention, this entails not so much a curb on your right to free speech (though there are likely to be restrictions on that as well; announcing loudly in the classroom that the principal is a b*ll*ox is likely to bring down a penalty on your head!) as a curb on the medium through which you express it. You (or your parents / guardians on your behalf) agreed that you would speak Irish at all times during the school day / on the school premises (or whatever way it's worded). By enrolling in the school and accepting the terms and conditions, you "contracted in" to abide by those rules or face the penalty. In other words, you voluntarily agreed to restrict your right to free speech (and to restrict the medium through which you expressed yourself) to conform to the rules of the school.

    In none of the above cases would any court hold that your fundamental right to free speech had been abrogated.

    The right to free speech is never absolute. There are always restrictions, whether ones imposed by state law in order to balance that right with the rights of others, or ones which you have agreed to impose on yourself in order to be part of a club / institution / school / discussion site / cinema audience, etc.

    That's because there's no reason for such a rule in any school.

    However, just to mention as a matter of interest, there are many English-speaking schools in non-English speaking countries around the world which have the same or similar rules. Such schools are, like the gaelscoileanna, "language immersion" schools, and such rules are a pretty normal part of that scenario.

    In other words, it's not just an Irish oddity! :pac:

    Thank you for explaining to me in a logical, rational, non-hateful fashion how I was wrong. Take note people.


  • Registered Users, Registered Users 2 Posts: 29,509 ✭✭✭✭randylonghorn


    In fairness, I don't think anyone was harsh or hateful, Vast, they simply assumed that you would understand what they were talking about without stripping the subject back to the foundations and going through it step by step, and perhaps got a slight bit frustrated when you seemed to be missing the point.

    A number of years of modding on Boards and indeed more general life experience has taught me that a large number of people much older and more experienced than you have huge mis-perceptions about what the right to free speech actually covers.

    If you have a better grasp of the idea after to-night, and don't end up in the future as another poster on Boards going "but ... but ... but ... FREE SPEECH!" when a mod hauls them up in some forum for calling another poster a dickhead because they don't agree with them, I'll consider my time well spent! ;):D


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