"That's So Gay" Lawsuit.

A Santa Rosa, CA lawsuit concerns a comment made by a high school student way back in 2002. Mormon student Rebbecca Rice responded to taunts from other students by saying, "that's so gay." This got her sent to the principal's office and a permanent "note" in her file. Rebbecca's father, Elden Rice, is a member of the conservative group Eagle Forum. The family filed suit against the school district in 2003. They claim Santa Rosa's Maria Carrillo High violated their daughter's 1st Amendment rights when they disciplined her for an utterance that "enjoys widespread currency in youth culture." Now four years later, the case has come to trial. Superior Court Judge Elaine Rushing plans to issue a ruling in April. Hate to say it, but I hope Rebecca Rice and her parents win. I say this even though the stated purpose of the Rice lawsuit (according to Elden Rice and Eagle Forum) is to combat the school district's promotion of "the homosexual agenda." While I love the fact that this case is drawing attention to the hurtful nature of statements like "That's so gay," I think trying to regulate students' speech to prohibit such statements is a terrible idea. Even if the school had a strong interest in protecting the safety and welfare of gay students (They did-- the year before a gay student had been assaulted), Rice should have been allowed to say what she wanted about gays as long as it didn't rise to the level of a direct threat. Not that I believe Rice is entitled to any damages here. Other than the note in her file (which can presumably be removed) I fail to see any lasting harm to her. Best result? Rice wins her case and is awarded one dollar in damages. Curious what others think.