South Carolina Law Requires Students To Go To School in the Nude:

Or that's what S.C. Code § 16-23-430 suggests:

It shall be [a felony] for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.

Not is especially likely to inflict death, not has a substantial chance of inflicting serious or great bodily injury (terms that are indeed used in other statutes), not is usually used to inflict injury, but "may be used to inflict bodily injury." I say it again, yow.

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  1. South Carolina Law Requires Students To Go To School in the Nude:
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Gabriel McCall (mail):
OK, now it's just silly. Any object may be used to inflict bodily injury. You can kill someone with cotton balls if you stuff enough of them down his trachea.
4.29.2009 5:21pm
Anderson (mail):
And even in the nude, I might cause some bodily injury. Watch out, ladies.
4.29.2009 5:23pm
Ari (mail) (www):
Presumably this would ban pencils and pens as well.
4.29.2009 5:24pm
Duffy Pratt (mail):
Since the statute specifies knives with blades over two inches long, I think you could at least make a decent argument that its OK to wear an outfit made entirely of knives with blades less than two inches long.
4.29.2009 5:32pm
Jon Roland (mail) (www):
Sounds like the legislators of both Mississippi and South Carolina have been smoking the same bad stuff.

I propose a different approach: Whenever legislators adopt any criminal statute, let them all be charged with it and see how well they can defend themselves before a jury.

The mathematical principle behind requiring a unanimous vote of a jury of twelve in a criminal trial is to discourage criminal statutes that lack the support of at least 94% of the electorate.

Legislators need to be taught that making everyone a criminal makes them criminals.
4.29.2009 5:40pm
Kirk:
Clearly I went to college in the wrong place.
4.29.2009 5:41pm
Tennessean (mail):
I hate to differ, but unless there are other provisions of the code applicable, you all are misreading the statute. This rule does not apply to "personnel authorized by school officials". My guess is that, given the school dress codes and dress regulations surely in place, all of the students should be considered authorized to dress in accord with those regulations.

(This is not to say that this statute is not poorly drafted, just that it does not appear, even in its poor form, to ban wearing clothes.)
4.29.2009 5:42pm
hattio1:
Kirk's got the right idea. This could be a real selling point for SC state universities.
4.29.2009 5:42pm
A Law Dawg:
In my pre-law life I was an educator in a rural S.C. middle school. One of my students was rustling through his bookbag for a book when a loud clatter erupted on the floor tiles.

Out had fallen a normal silverware dinner knife (not a steak knife). One of the other students, who had a greatly self-inflated reputation for being a thug, leapt out of his seat to yell "Boy! What you gonna do with that knife? Make Mr. ALawDawg a sandwich?"

With that public display I had no choice but to report the incident. The student was suspended because the knife blade was longer than 2 inches. Meanwhile every student in class was holding a deadlier improvised weapon as they took notes.

Obnoxious.
4.29.2009 5:43pm
einhverfr (mail) (www):
Can't wear any clothes to school.

Can't handle anything while at school.

Presumably a teachers' dress code would make the teachers and other employees of the school authorized to wear clothes, carry pens and pencils, etc. Everybody else gets to walk around nude, may not carry or handle textbooks, pens, pencils, etc.
4.29.2009 5:43pm
rosetta's stones:
Remove the word "object" and they can still wear clothes.

Might as well remove the word "device" as well, or they'll be coming after my smartphone.
4.29.2009 5:43pm
Jon Roland (mail) (www):
Duffy Pratt:

Since the statute specifies knives with blades over two inches long, I think you could at least make a decent argument that its OK to wear an outfit made entirely of knives with blades less than two inches long.

Only if they're shaving blades.
4.29.2009 5:44pm
A Law Dawg:
This could be a real selling point for SC state universities.


Yes. Oh yes.

[Anywhere in the south, really].
4.29.2009 5:45pm
einhverfr (mail) (www):
Also I think lunches (both brought in and served) would be banned under a broad reading of this law.
4.29.2009 5:45pm
pintler:

I hate to differ, but unless there are other provisions of the code applicable, you all are misreading the statute. This rule does not apply to "personnel authorized by school officials". My guess is that, given the school dress codes and dress regulations surely in place, all of the students should be considered authorized to dress in accord with those regulations.


There is specific authorization for parents who are picking up their children to be clothed? The UPS man? I think I'd get it in writing first, we're talking a felony after all :-)
4.29.2009 5:53pm
Dunstan:
Also I think lunches (both brought in and served) would be banned under a broad reading of this law.


Especially if they contain fresh fruit. Obligatory Python reference:

http://www.youtube.com/watch?v=piWCBOsJr-w
4.29.2009 6:14pm
William D. Tanksley, Jr:
I believe CA law bans all concealed carry of "dirks or daggers". That's cool, but it specifically defines a dirk or dagger with this text: "As used in this section, a 'dirk' or 'dagger' means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death."

And there you have it -- in CA, a screwdriver is a dirk or dagger.

I especially appreciate "with or without a handguard". I don't know the history behind that, but I'd love to.

-Wm
4.29.2009 6:22pm
zippypinhead:
Well, since according to published DOJ/BJS statistics, every year more violent crimes are committed with bare hands or feet as "weapons" than with (for example) firearms, I guess they'll be lining up the students at the schoolhouse door for the mandatory amputations.

Anybody who's spent time wandering around the state capital in Columbia, S.C., might reasonably conclude from all the memorials, signs, proclamations and flags that the state legislature is so busy refighting the War of Northern Aggression that they don't have time for basic grammar.
4.29.2009 6:25pm
PubliusFL:
Tennesseean: I hate to differ, but unless there are other provisions of the code applicable, you all are misreading the statute. This rule does not apply to "personnel authorized by school officials". My guess is that, given the school dress codes and dress regulations surely in place, all of the students should be considered authorized to dress in accord with those regulations.

Would a school's students really be considered "personnel"? That term usually denotes staff, employees. That's also how the term is used in S.C. Code ยง 16-3-312, "Student committing assault and battery against school personnel":


(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both.


Assault and battery against another student is not assault and battery against school "personnel."
4.29.2009 7:00pm
Yinka Double Dare:
Clearly I went to college in the wrong place.

Well, their state university's team IS known as the 'Cocks...
4.29.2009 7:02pm
Edward A. Hoffman (mail):
I agree with PubliusFL. Tennessean is reading the statute as if it said "persons" instead of "personnel".
4.29.2009 7:08pm
Crunchy Frog:

Can't wear any clothes to school.

Can't handle anything while at school.

Kinda ruins the whole point of not wearing clothes if you're not allowed to handle anything...
4.29.2009 8:00pm
SSFC (www):
Even a towel wrapped at the waist would be banned under this law:

A towel, it says, is about the most massively useful thing an interstellar hitchhiker can have. Partly it has great practical value. You can wrap it around you for warmth as you bound across the cold moons of Jaglan Beta; you can lie on it on the brilliant marble-sanded beaches of Santraginus V, inhaling the heady sea vapors; you can sleep under it beneath the stars which shine so redly on the desert world of Kakrafoon; use it to sail a miniraft down the slow heavy River Moth; wet it for use in hand-to-hand-combat; wrap it round your head to ward off noxious fumes or avoid the gaze of the Ravenous Bugblatter Beast of Traal (such a mind-boggingly stupid animal, it assumes that if you can't see it, it can't see you); you can wave your towel in emergencies as a distress signal, and of course dry yourself off with it if it still seems to be clean enough.


Clearly, legislators in South Carolina don't know where their towels are.
4.29.2009 8:03pm
A Conceited Jerk:
The textual canon of ejusdem generis easily clears up the ambiguity in this statute. Where general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated.

The enumeration of prohibited items is:
* a knife, with a blade over two inches long,
* a blackjack,
* a metal pipe or pole,
* firearms or
* any other type of weapon, device or object which may be used to inflict bodily injury or death.

Thus, the final category should be limited to things of the same kind as those listed previously. Normal clothing clearly does not fall within such category.
4.29.2009 8:50pm
Eric Jablow (mail):
Students aren't allowed to bring compasses to math classes?
4.29.2009 9:05pm
anon (sort of):
read the statute more closely. you're all pedophiles.
4.29.2009 9:59pm
PubliusFL:
A Conceited Jerk: Thus, the final category should be limited to things of the same kind as those listed previously.

What kinds of items do you take to be "of the same kind" as those listed previously? Presumably no South Carolina school would be able to have a baseball team or a marching band with a drum major, unless all activities involving baseball bats and batons took place off school property. Surely at least those items would be "of the same kind" as "a metal pipe or pole."
4.29.2009 10:12pm
Ken Arromdee:
* any other type of weapon, device or object which may be used to inflict bodily injury or death.

Thus, the final category should be limited to things of the same kind as those listed previously. Normal clothing clearly does not fall within such category.


Normal clothing is an object, and it may be used to inflict bodily injury or death. That seems to fall in the category.
4.29.2009 10:27pm
geokstr (mail):
Figures, forty years too late. All we had was micro-micro-minis (basically a large belt), and bra burnings when I went to college.
4.29.2009 10:50pm
C Cooper (mail):
Most of the time I think I must be crazy for thinking such thoughts, for saying that language might be interpreted to mean something stupid. And then I read a lawyer blog that talks like this and I feel sane again. I am sane, right?
4.30.2009 12:26am
A. Nony Mouse:
SSFC wins the thread for the HHGTTG quote.
4.30.2009 8:40am
PubliusFL:
Little did I know when I wrote this:

"Presumably no South Carolina school would be able to have a baseball team or a marching band with a drum major, unless all activities involving baseball bats and batons took place off school property."

that THIS would appear in the news the next morning:

Girl beats off muggers with marching band baton
4.30.2009 9:43am
Alan Crowe (mail) (www):
When play ground fights get out of hand children resort to kicking each other, using their shoes as knuckle dusters for the feet to inflict injuries that they could not cause unaided. The stiff, hard, thin leather soles of tradition schools shoes cut shins, and any shoe helps stamp on the victim once they have been knocked to the ground.

Saying that clothes are banned because the may be used to inflict bodily injury is a stretch. It is contrived to read "may" as "theoretically possible". Where the object in question is commonly used to inflict injuries then plainly it may be so used, so shoes are amongst the prohibited objects.

Clearly the Society for Barefoot Living has sleeper agents with the South Carolina legislature.
4.30.2009 1:39pm
LarryA (mail) (www):
[sigh]

Back in the day I carried a Cub Scout pocket knife with a 3-inch main blade, a can opener, a screw driver, and a bottle opener to school in the third grade.
5.1.2009 1:26pm
mojo (mail):
"Y'all stand back now, 'cause ya might get hurt..."
5.1.2009 2:51pm

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