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GA: State Supreme Court: Georgia students can argue self-defense to justify school fights
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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In its first decision in a school discipline case, the Georgia Supreme Court ruled zero tolerance policies on school fighting cannot deny students the right to assert they were defending themselves. The court said Georgia law gives students the legal right to argue self-defense as a justification.
Georgia Code states, “A person is justified in threatening or using force against another when…he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force.”
In essence, the state’s highest court ruled that Georgia law on self-defense trumps school zero tolerance policies on fighting. |
Comment by:
netsyscon
(8/31/2017)
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Finally!!!! |
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QUOTES
TO REMEMBER |
"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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