Letters: Phone bans
Phone bans
Disappointingly absent from “Hold the Phone” (April-May, page 30), an otherwise well-done examination of school restrictions on students’ possession and use of electronic devices while on school property, was any discussion of how such bans might burden students’ First Amendment right to receive information and communicate with each other and the world.
There is no easy answer here: Good arguments can be made for applying the noncurricular speech-restriction doctrine from Tinker and the access-to-information test from Pico to determine how to balance the school’s pedagogical interests with those of the students, but they are by no means easy arguments.
But there was no recognition of students’ rights at all. The article only addressed “student concerns.”
The article did a nice job of providing examples of when students might need to use their devices while at school. But such examples do not fully capture how device bans infringe students’ rights.
David Greene
Electronic Frontier Foundation
Quiz query
Bryan Garner’s “Right Writing” (April-May, page 19), was interesting and challenging. I was, however, very surprised to see that in item 6, he did not cite as erroneous the construction “is both contrary to the facts and is without logic.” Either (i) the word “both” should precede the first “is,” or (ii) (and much better) the second “is” should be eliminated. I would put this clear grammar call mistake into a broad category of failure of proper parallelism, something that appears distressingly often and surely grates on discerning readers every time.
Jack Newman Jr.
Cleveland Heights, Ohio
DEI discussion
The article “You don’t need DEI programs to have diverse workplaces, say employment lawyers” (ABAJournal.com, March 6), headlining and leading with the assertion that companies do not need diversity, equity and inclusion programs borders on clickbait. It would be helpful if the author defined what they understand “DEI programs” to be.
The article includes various suggestions that are, in fact, components of comprehensive DEI programs. For example, the quote recommending an assessment of whether racial discrimination is occurring describes a key component of DEI programs.
Moreover, the article’s framing of DEI and compliance as entirely distinct ignores that well-structured DEI programs begin with data gathering, including the current demographics of the workforce. DEI programs also include initiatives that seek to enhance the ability to comply with antidiscrimination law.
With DEI under assault, if the ABA believes such programs have value, its publications should take care not to provide additional ammunition.
Felicia A. Henderson
Paris
Defending the rule of law
I have been a member of the ABA since 1998, a member of the Fellows of the American Bar Foundation since 2009 and an associate member of the National Conference of State Trial Judges since I was appointed to the bench in Canada in 2009. There was a time when U.S. jurisprudence was cited with persuasive authority in courts in Canada, and I have done so in my own judgments. Regrettably, that has changed.
As the majority of the apex court in the U.S. has transitioned to the role of enabler rather than a restrainer of a rampant executive, it is no longer possible to rely on U.S. jurisprudence as a rule-of-law model. As the U.S. moves toward the outer boundaries of the rule-of-law community—and might depart it altogether if things continue—the role of the ABA will remain crucial in restoring national and international confidence in the justice system of your country. I am confident that the ABA is up to the task.
The Hon. Del W. Atwood
Pictou, Novia Scotia
Being a member of the bar in continuous good standing for 52 years now—besides being an author, a lecturer, law faculty member and holding various leadership positions within the ABA ranks over my career—I laud those firms that have stood up to President Donald Trump’s dictatorial ways in trying to hold a Damoclean sword over the heads of members of our profession because of whom they have represented and whom they want to represent.
I captured this in my guest column for the Tribune Publishing Co.’s Orlando Sentinel, central Florida’s largest daily (“Lawyers must now stand guard over the rule of law,” March 26, 2025).
Miles Zaremski
Highland Park, Illinois
