A 16-year-old student in a classroom at Fairfield Warde High School allegedly took a photo of a black classmate and posted it on Snapchat on May 7 with a caption that included a racial slur and racist comments.
Police in Fairfield, Conn., arrested the student on a state hate-crime charge of ridicule on account of creed, religion, color, denomination, nationality or race. The misdemeanor dating back to 1917 has been called an unconstitutional infringement on free-speech rights by the American Civil Liberties Union of Connecticut and some law-school professors.
You are the Judge in this case and you have to make the decision on whether this violated the 16-year olds right to free speech.
1) What evidence would you want to consider before you make your decision?
2) Would you rule that this is in fact an infringement of the students right to freedom of speech? Explain your decision.