You can indeed compare a college student with a seventh grader.
In both cases, a work of fiction was written that referred to acts of murder against classmates (mentioned by name).
I cited the Baker story because it DOES compare:
The school authorities took action against the student for writing something that the school authorities decided could be taken as a threat against another student.
The student was arrested as a consequence.
The dismissal of Jake Baker was upheld by the courts. The government's prosecution of Baker failed because the govenment failed to show intent to carry out the threat; the judge referred to Baker's story as "a rather savage and tasteless piece of fiction."
Thus, according to the courts, an institution is allowed to dismiss the student for such actions, apparently if they violate some code of ethical conduct. However, such writings don't pass legal muster of showing intent to cause harm. (Note: Baker's case was tried in Federal court; Texas may have its own laws and precedents; again, I am not a lawyer.)
And I think it is this last thing that has people so up in arms... nobody believes that Christopher Beamon INTENDED to do any harm to his classmates... and if there was no intention of harm, how can there be a threat? And if there's no threat, why was he arrested?
This is a question that nobody here can answer. I just hope that the American public sees the kind of slippery slope they are sliding down when they pursue these kinds of things, whether it be a college student writing on alt.sex.stories, a seventh grader writing a "scary essay," or a pre-teen attempting to steal a kiss from another pre-teen. --
Re:This is NOT from the Hellmouth, Jon... (Score:2)
In both cases, a work of fiction was written that referred to acts of murder against classmates (mentioned by name).
I cited the Baker story because it DOES compare:
- The school authorities took action against the student for writing something that the school authorities decided could be taken as a threat against another student.
- The student was arrested as a consequence.
The dismissal of Jake Baker was upheld by the courts. The government's prosecution of Baker failed because the govenment failed to show intent to carry out the threat; the judge referred to Baker's story as "a rather savage and tasteless piece of fiction."Thus, according to the courts, an institution is allowed to dismiss the student for such actions, apparently if they violate some code of ethical conduct. However, such writings don't pass legal muster of showing intent to cause harm. (Note: Baker's case was tried in Federal court; Texas may have its own laws and precedents; again, I am not a lawyer.)
And I think it is this last thing that has people so up in arms... nobody believes that Christopher Beamon INTENDED to do any harm to his classmates... and if there was no intention of harm, how can there be a threat? And if there's no threat, why was he arrested?
This is a question that nobody here can answer. I just hope that the American public sees the kind of slippery slope they are sliding down when they pursue these kinds of things, whether it be a college student writing on alt.sex.stories, a seventh grader writing a "scary essay," or a pre-teen attempting to steal a kiss from another pre-teen.
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