Samuel Alito on Education

Supreme Court Justice (nominated by Pres. George W. Bush 2005)

Cannot ban hate speech in a school’s anti-harassment policy

Alito wrote a majority opinion in Saxe v. State College Area School District, holding that the public school district’s anti-harassment policy, prohibiting harassment based on sexual orientation among other criteria, was unconstitutionally overbroad and therefore violated First Amendment guarantees of free speech. Alito wrote: “No court or legislature has ever suggested that unwelcome speech directed at another’s ‘values’ may be prohibited under the rubric of anti-discrimination.” Source: Wikipedia.org, “Alito, Case History” Nov 1, 2005

Supported free religious expression in kindergartens

Alito wrote a dissenting opinion in C.H. v. Oliva et al. (3rd Cir., 2000) arguing that the removal and subsequent replacement in “a less conspicuous spot” of a kindergartener’s religious themed poster was, at least potentially, a violation of his right to Free Expression“ Source: Wikipedia.org, “Alito, Case History” Nov 1, 2005

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Page last updated: Nov 21, 2009