Korean Job Discussion Forums

[bacasper]

"I may not agree with what you say, but I'll defend to the death your right to say it."

5th Grader Suspended For Wearing Anti-Obama T-Shirt

Tuesday, 23 Sep 2008, 10:30 AM MDT

From MyFoxColorado Reports


An 11-year-old in Aurora, Colo., says his first amendment rights are being trampled after he was suspended for wearing a homemade shirt (video: MyFoxColorado) that reads "Obama is a terrorist's best friend."

The fifth grader at Aurora Frontier K-8 School wore it on a day when students were asked to wear red, white and blue to show their patriotism.

The boy's father Dann Dalton describes himself as a "proud conservative" who has taken part in some controversial anti-abortion protests. Dalton says the school made a major mistake by suspending his son for wearing the shirt.

"It's the public school system," Dalton says. "Let's be honest, it's full of liberal loons."

According the the boy's father, the school district told the student, Daxx Dalton, that he had the choice of changing his shirt, turning his shirt inside out or being suspended.

Daxx chose suspension.

"They're taking away my right of freedom of speech," he says. "If I have the right to wear this shirt I'm going to use it. And if the only way to use it is get suspended, then I'm going to get suspended."

Daxx's dad agrees with him and is encouraging his son to stand his ground. "The facts are his rights were violated. Period."

Aurora Public Schools would not talk about the case but said the district "Respects a student's right to free speech, such as the right to wear specific clothing," but administrators say they review any situation that interrupts the learning environment.

Paperwork submitted by the school district says Daxx Dalton was not suspended for wearing the shirt, but for willful disobedience and defiance.

The boy's father says he intends to pursue a lawsuit against the district.

[Ya-ta Boy]

I would suspect that the boy may win his case. Tinker vs Des Moines School District:

"First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years."

The courts will have to decide if the word 'terrorist' has any significance in this.

[bacasper]

^^^That's the thing. It seems like a pretty clear First Amendment case, so why would the school even take this step?

It reminds me of the right-wing shock jock I heard in 2004 say, "Usama bin Laden wants you to vote for John Kerry," but he didn't get suspended for it.

[Ya-ta Boy]

[Sleepy in Seoul]

[Kuros]

I agree with Ya-Ta. Tinker is controlling here. The Fraser exception should not apply.

Exception of Fraser
Facts: Student gave a speech in support of friend's campaign couched in an elaborate sexual metaphor
Holding:
� School had power to ban "vulgar and lewd speech"
○ To avoid "undermin[ing] the school's basic educational mission."
○ To inculcate "fundamental values of habits and manners of civility essential to a democratic society"

[gangpae]

Absurd t-shirt.
Even more absurd father.
Of course the t-shirt shouldn't be allowed at school.

[Ya-ta Boy]

I do hope the neighbors pillory the father for using his son as a walking billboard for his (the father's) political views. I have to wonder if Dad would have allowed the boy out of the house if he'd been wearing a 'Hurray for Obama' t-shirt.

[oskinny1]

If it is a disruption to learning then there is no reason for it to be in class. School is not a place for you to express your political views, it is for learning how to express those views at a later date.

People need to learn what the 1st Amendment really says.

[moosehead]

[Sleepy in Seoul]

[moosehead]

while it may not be what some consider appropriate, it certainly is not uncommon to teach children patriotism - I don't even recall how young I was when we learned the pledge of allegiance, but it was certainly in elem school.

I do recall in the second grade Nixon and Kennedy were running for president and we were given some kind of newsletter to read for kids and then asked to mark our vote as to who we would vote for -

if children go into scouting, which I did, you are certainly indoctrinated into patriotic protocols such as flag raising, saluting, proper care etc.

don't think any of that was unusual; am sure all countries do similar if not worse.

[Sleepy in Seoul]

[Adventurer]

Under the first amendment, profanity is not necessarily covered. Is it?
It was meant to protect political speech. However, such a t-shirt can lead to school violence. Schools are supposed to be places where students focus on academics rather than wearing offensive t-shirts.
When I was in high school, I had a t-shirt that said "You suck!". I loved that shirt, but the school wouldn't allow me to wear it. Students are citizens, but schools are responsible for security at school. At any rate, the father is an irresponsible, bigoted parent, and he is brainwashing his son and encouraging his son, who is a minor, to engage in overt political activities on school grounds. That's just not appropriate. It might be different if the student was wearing it off-campus. It would less likely lead to conflict in a confined area.

[bacasper]