Boy Suspended Over Anti-Obama Shirt

[Parkbandit]

An 11-year-old Colorado boy was suspended from school after showing up for class in a T-shirt bearing the handwritten motto "Obama a terrorist's best friend."
Daxx Dalton's dad says the fifth-grader was given the choice of changing his shirt, turning it inside out or being suspended -- and he chose suspension, according to a Fox News affiliate in Colorado.
Daxx maintains his First Amendment right to free expression was violated, and his dad said he intends to sue. The school district said it respects the right to free speech, but has the responsibility to intervene in any situation that disrupts the learning environment.

http://news.aol.com/article/boy-suspended-over-anti-obama-shirt/185646?icid=100214839x1210042140x1200621296

____________________________

I don't blame the kid.. I blame his stupid parents.

[Sean of the Thread]

Well look at his name for fucks sake.

Free expression yes. Rules yes. School has code of conduct that must be followed. That shirt would definitely be disruptive.

If he wanted a case his shirt should have been reversible and said McCain sucks on the other side.

[radamanthys]

The idea that "in loco parentis" gives school officials the right to trample our first amendment rights is pretty insane.

These are our unalienable rights. Shouldn't children be more protected rather than less?

[Gan]

I think the school has a prima facia case for preserving the learning environment over a student's right to free speech. Something I agree with.

Dress code: sure if dress disrupts the learning environment.
This includes clothes, makeup, hair, jewelery, and god forbid cleanliness.

[Moist Happenings]

This whole thing smacks of something the parent or parents did just to elicit this sort of response.

You wouldn't take it if the kid came to school with a shirt that said "I have a gun in my pocket and I'm going to use it to kill the Principal."

Disruptive is disruptive. I'm with Gan on this one.

[Sean of the Thread]

I think the school has a prima facia case for preserving the learning environment over a student's right to free speech. Something I agree with.

Dress code: sure if dress disrupts the learning environment.
This includes clothes, makeup, hair, jewelery, and god forbid cleanliness.

I've already put my stance out a few posts ago but I agree 100%.

[Shari]

Agreed

[Tea & Strumpets]

These are our unalienable rights. Shouldn't children be more protected rather than less?

The situation would have been handled the same if the kid's t-shirt had read "McCain is a terrorist sympathizer" or whatever. It's not a first amendment issue in my opinion.

It's sad that the kid will be encouraged to be an imbecile by people that tell him he was sticking up for free speech.

[Stanley Burrell]

I blame shirts.

[Moist Happenings]

I blame shirts.

EXACTLY.

As a show of my dedication to our right to Free Speech, I hereby vow not to wear pants until a new President is crowned! ...indicted...inaugurated. Whatever we do with Presidents these days.

VIVA LA REVOLUTION! SANS PANTS STYLE.

[Stanley Burrell]

Yes.

[Ravenstorm]

A more complete report.

http://www.suntimes.com/news/elections/1182731,shirt092408.article

[Gan]

EXACTLY.

As a show of my dedication to our right to Free Speech, I hereby vow not to wear pants until a new President is crowned! ...indicted...inaugurated. Whatever we do with Presidents these days.

VIVA LA REVOLUTION! SANS PANTS STYLE.

Sans Jupons! Sans Coullettes!

(one of my favorite parts of European history)

[ClydeR]

If the child were in high school, he might have a legitimate complaint, but elementary school students have never been given free speech rights.

[Mabus]

If the child were in high school, he might have a legitimate complaint, but elementary school students have never been given free speech rights.
There may be no "free speech" rights when a student breaks an existing rule, or advocates illegal activity, according to the SCOTUS decision in Morse v. Frederick. Though that case was based around a "Bong Hits for Jesus" sign, some points were addressed that specifically state that this right does not exist in public schools (of any grade level).

Thomas' Concurring Opinion:
"As originally understood, the Constitution does not afford students a right to free speech in public schools. "

That pretty well sums it up. Until a new case addresses the issue it will stand as a 5/4 decision against any student having free speech in a public school.

[Gelston]

You don't have many rights until you are 18.
(Bear Arms, Vote, etc.)

That being said, and the fact that women needed a constitutional amendment to beable to vote, I think the original intent of the Constitution was on the rights of Adults, and not 10 year olds. Hell, I beat he didn't even really know WTF the shirt was talking about and all he knew about Obama is what his parents say.

[TheEschaton]

Mabus is right, and that was exactly the case I was going to reference.

Now, I don't necessarily agree with the decision in Morse v Frederick, but if they say "Bong Hits 4 Jesus" is allowed to be disciplined by the school, then this can be too.

[TheEschaton]

Well yes, and this might fall under the whole "You can't yell 'fire' in a crowded theatre" sort of exception to free speech.

[AnticorRifling]

This is why they need to institute a "Seperation of Jack Asses and State" rule.

[Moist Happenings]

This is why they need to institute a "Seperation of Jack Asses and State" rule.

Either that or replace all the teachers with Catholic nuns. Maybe a good old fashioned beatin' with a yardstick is just what this kid needs.

[DeV]

Too bad freedom of speech and common sense don't go hand in hand for some people.

[Sean of the Thread]

Spare the rod and spoil the child

[Clove]

The idea that "in loco parentis" gives school officials the right to trample our first amendment rights is pretty insane.

These are our unalienable rights. Shouldn't children be more protected rather than less?I don't know- my parents threatened me with all sorts of sanctions if I didn't STFU.

[Tsa`ah]

I don't know- my parents threatened me with all sorts of sanctions if I didn't STFU.

I came home with the smell of booze one night when I was 16. Not drunk by any stretch, but you could smell it.

Dad rolled me out of bed at 4 am (was a little hung over despite not being drunk the night before), dragged me outside after I put my shoes on ... handed me a flashlight, a snow shovel, and a rake and told me to grate the drive (3/8 of a mile long).

Around 9am, halfway done, I decided I had enough punishment. Dad had read my mind and said "If you even think about being done before I say it, you're going to disc the field without a tractor".

I mentioned the constitution, he mentioned something about beating my ass while I called my congressman ... and then finishing my punishments.

[AnticorRifling]

I came home with the smell of booze one night when I was 16. Not drunk by any stretch, but you could smell it.

Dad rolled me out of bed at 4 am (was a little hung over despite not being drunk the night before), dragged me outside after I put my shoes on ... handed me a flashlight, a snow shovel, and a rake and told me to grate the drive (3/8 of a mile long).

Around 9am, halfway done, I decided I had enough punishment. Dad had read my mind and said "If you even think about being done before I say it, you're going to disc the field without a tractor".

I mentioned the constitution, he mentioned something about beating my ass while I called my congressman ... and then finishing my punishments.

How did you get my memories?!

[TheRunt]

There may be no "free speech" rights when a student breaks an existing rule, or advocates illegal activity, according to the SCOTUS decision in Morse v. Frederick. Though that case was based around a "Bong Hits for Jesus" sign, some points were addressed that specifically state that this right does not exist in public schools (of any grade level).

Thomas' Concurring Opinion:
"As originally understood, the Constitution does not afford students a right to free speech in public schools. "

That pretty well sums it up. Until a new case addresses the issue it will stand as a 5/4 decision against any student having free speech in a public school.

Tinker v DesMoines
Does protect a students first amendement rights in school. Morse v Frederick disallows it regarding illegal drugs.