Originally posted by rpm
You and I both know the difference between being in attendence and being absent from class. He was absent from class. The school made no attempt to punish him for his attenance status. He was not considered truant.
The fact you want to spin away from the core of the debate only shows your arguement's weakness.
Have any of you read the oral arguements?
Have you?
JUSTICE KENNEDY: So under your view, if the
principal sees something wrong in the crowd across the
street, had to come up and say now, how many here are
truants and how many here are -- I can't discipline you
because you're a truant, you can go ahead and throw the
bottle.
MR. MERTZ: No, I don't think she needs to
do that in the heat of the moment. But later on once
she's discovered the true facts, then at that point I
think she loses a basis for punishing him as a student
if he was not there as a student.
JUSTICE SCALIA: Because you're both a
truant and disrupter, you get off.
Had you been just a
disrupter, tough luck.