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WSU and Twitter (it is on topic)

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,330
Location
Okanogan Highland
Well guys, this will be interesting. Coach Leach has told his football program, no twitter. How does this effect us? The arguments the lawyers are using about 1st ammendment rights at a PUBLIC university in WA>

When all the dust settles, the arguments (and decision) may be useful against WSU's (and UW etc) ban on firearms...:0
 

kevin_cline

New member
Joined
Oct 20, 2012
Messages
5
Location
Tacoma, WA
i dont see how the 1st amendment applies to university bans on guns. any business or institution can ban carrying of firearms as sad as that is. its a matter of personal choice. we also have the choice of consumer and can choose not to frequent businesses that ban the carrying of firearms. of course if all competitors choose to ban guns there is no choice and the only option is to lobby and mass protest.
 

Schlepnier

Regular Member
Joined
May 12, 2011
Messages
421
Location
Yelm, Washington USA
kevin if WSU/UW were private you would have a point however as i expect herman is pointing this fact out because the university is government run/funded and as such is obligated to respect the law including the rights guaranteed in the state and federal constitution. As such they have no legal authority to deny those rights. rather it be free speach or the right to bear arms. well have to see how the case goes as it moves forward.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
If WSU players are giving away their playbook via Twitter, or behaving seriously inappropriately while identifying themselves as WSU football players the coach might have a valid position.

But without a cite to see just what's going on, it is hard to get past the generalities of a government entity imposing it's might againast what seems to be a Constitutionally protected right. Which is why a cite that leads to an explanation of what's behind this Twitter ban would have been so helpful.

So far, my informed opinion is that I don't have enough information to bother having an opinion.

stay safe.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,330
Location
Okanogan Highland
i dont see how the 1st amendment applies to university bans on guns. any business or institution can ban carrying of firearms as sad as that is. its a matter of personal choice. we also have the choice of consumer and can choose not to frequent businesses that ban the carrying of firearms. of course if all competitors choose to ban guns there is no choice and the only option is to lobby and mass protest.

Ok, WSU, UW, EWU, WWU all the community colleges are all state owned and controlled entities. The State constitution and laws for governmental entities (as well as the federal law, Constitution) control all of the things that the Board of Regents can do, and cannot do. The board of regents do not have the approval of the legislature, or the state constitution to suppress 1st amendment rights, or 2A rights, though they try.

Now they have stepped into a real hornets nest. This coach is trying to suppress the football teams first amendment (and state Constitution Article 1 section 5 rights through fiat, as a means of punishment for poor performance.

For any that have not read out A1S5: "SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right."

Compare that to our A1S24: "SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired...."

http://www.leg.wa.gov/LawsAndAgencyRules/Pages/constitution.aspx

The arguments used to suppress the freedom of speech, and the outcome of those arguments will be should be directly applicable to the argument to the fact that the BoR cannot restrict the carry of weapons on government owned property...no matter what the BoR thinks. I would really like to see UW taken to court for 2A/A1S24 violation...it would serve that BoR right after hiring that anti-gun yahoo from Utah, Young.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,330
Location
Okanogan Highland
If WSU players are giving away their playbook via Twitter, or behaving seriously inappropriately while identifying themselves as WSU football players the coach might have a valid position.

But without a cite to see just what's going on, it is hard to get past the generalities of a government entity imposing it's might againast what seems to be a Constitutionally protected right. Which is why a cite that leads to an explanation of what's behind this Twitter ban would have been so helpful.

So far, my informed opinion is that I don't have enough information to bother having an opinion.

stay safe.

All I know is what has been reported in the news....Basically, it sounds like someone's dad/mom telling Jr...you don't get better grades, you will not be allowed to drive the family car. It's punishment, pure and simple, for doing poorly on the football field. This Coach has been hired for really big bucks and a lot of hype...and it makes him look bad, so he is striking back.

What the Lawyers are saying is, we sympathize with your frustration, but this is a state government ownd and operated institution and the constitution, both Federal and State, and the law, have not given you the right to suppress your players right to freely speak in any manner and on any subject they wish.

If the school caves on this (and I think they will), those same arguments can be used against the suppression of the 2A right.
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,025
Location
Central South Sound
kevin if WSU/UW were private you would have a point however as i expect herman is pointing this fact out because the university is government run/funded and as such is obligated to respect the law including the rights guaranteed in the state and federal constitution. As such they have no legal authority to deny those rights. rather it be free speach or the right to bear arms. well have to see how the case goes as it moves forward.

It appears they do for students:

Firearms on Washington State University (WSU) Campus

WAC 504-26-213 - Firearms and dangerous weapons.

No student may carry, possess, or use any firearm, explosive (including fireworks), dangerous chemical, or any dangerous weapon on university property or in university-approved housing. Airsoft guns and other items that shoot projectiles are not permitted in university-approved housing. Students wishing to maintain a firearm on campus for hunting or sporting activities must store the firearm with the Washington State University department of public safety.

From Pullman: http://www.pullman-wa.gov/departments/police/firearms-safety/links-to-firearms-lawsresources

I think we've had this debate before, but under RCW 34.05, 478-120-020 Standards of conduct and http://apps.leg.wa.gov/wac/default.aspx?cite=478-124-020: 2.e

But I think I am fairly sure it is not applicable to visitors and non-staff.....I don't disagree with what should be with Hermanr, but any opinions or other cites short of a legal challenge?
 
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