In New York it is illegal to use corporal discipline. To have a student say that he is in support of an illegal practice, and to do nothing about it, would probably bring liability on the school, when the school knew or had reason to know that the student supported the illegal conduct. It's too bad the school waited so long. What if this student had suggested that getting the kids loaded was something he supported (also illegal), or that he was in favor of sexually touching the kids? Now you may think that corporal punishment should be legal, but while it is illegal, it would be a problem for any college to support a student, who will be working in the schools, who is in favor of an illegal action (imo).
This decision has a lot to do with the incurring of liability for illegal conduct, imo, and very little to do with free speech. The result may chill the free speech of students to speak out in support of illegal conduct, but I doubt the reason for the decision was to suppress the speech. And if he hit some kid in school, and the parents sued, and you found out the college knew about his opinions, how would you come down on that? |
