Fifth Grader Suspended For Wearing Anti-Obama Shirt

[wmenorr67]

http://elections.foxnews.com/2008/09/23/fifth-grader-suspended-for-wearing-anti-obama-shirt/

An 11-year-old boy in Colorado was suspended from school after he refused to take off a shirt that read, Obama is a terrorists best friend. His father says that the school is violating his sons First Amendment rights.

Daxx Dalton, a fifth grader at Aurora Frontier K-8 School in Aurora, Colo., wore the homemade shirt on a day when students were asked to show their patriotism by wearing red, white and blue, according to MyFOXColorado.com.

When he was given the choice of turning the shirt inside out or being suspended, Dalton chose suspension.

Theyre taking away my right of freedom of speech, he said. If I have the right to wear this shirt Im going to use it. And if the only way to use it is get suspended, then Im going to get suspended.

Dann Dalton, the boys father  a proud conservative who has taken part in anti-abortion protests  told MyFOXColorado.com that the school is making a mistake by suspending his son.

Its the public school system, he said. Lets be honest, its full of liberal loons.

The school district would not discuss the case, but said the district respects a students right to free speech, such as the right to wear specific clothing, but they reserve the right to review any situation that interrupts the learning environment, MyFOXColorado.com reported.

Daltons suspension was for willful disobedience and defiance, not for wearing the shirt. His father said he intends to sue the district.

Wonder if it said McCain what would have happened.

[Boomhauer]

Can't have a non-approved opinion.

That said, if you think you have "free speech" in school (or any other rights) you are deluding yourself.

[MicroBalrog]

That said, if you think you have "free speech" in school (or any other rights) you are deluding yourself.

THe courts disagree.

[Boomhauer]

School administrators don't care until they are called on it by someone who is willing to fight it for a long time.

Not many people have the patience or stomach to do that, and they often don't have the support of the public, who often think that the public school systems are doing a fine job...

[Desertdog]

There are a number of First Amendment lawyers just waiting for this kind of case.  The schools just about always lose.

[Ned Hamford]

That said, if you think you have "free speech" in school (or any other rights) you are deluding yourself.

THe courts disagree.

I don't know about that... The whole Bong Hits for Jesus ruling seems to grant absurd power to schools to use their discretion in deciding what is important for maintaining order in school.  The drug testing rulings aren't anymore cheering.

[HankB]

School administrators don't care until they are called on it by someone who is willing to fight it for a long time as long as they're not held personally liable for their misconduct.

Fixed it for ya. 

[Boomhauer]

School administrators don't care until they are called on it by someone who is willing to fight it for a long time as long as they're not held personally liable for their misconduct.

Fixed it for ya. 

That too.

[freakazoid]

It is nice to see not only someone at such a young age interested in politics, but also willing to stick up for them and not kowtow to the school.

[Headless Thompson Gunner]

It is nice to see not only someone at such a young age interested in politics, but also willing to stick up for them and not kowtow to the school.

Indeed.

[Antibubba]

Don't worry--his willfulness will be ground out of him.

[MicroBalrog]

Don't worry--his willfulness will be ground out of him.

Winning a lawsuit against the school and having them pay his college tuition will be pretty educational.

[cassandra and sara's daddy]

i think they will pay by the hour for the lawyer and don't write checks on the "award " yet

[Nitrogen]

Unless the ACLU decides to take their case.

Oh wait...

[MicroBalrog]

http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District

http://en.wikipedia.org/wiki/Broussard_v._School_Board_of_Norfolk

[roo_ster]

Tinker has been superseded several times over by SCOTUS in the last few decades.

They can and will enforce out of school conduct and can force students to pee in cups on command to test for demon rum weed.

[Unisaw]

I'm all for free speech, but the boy and his father were on O'Reilly last night.  The father came off looking like a real jerk who was just trying to get attention.

[MicroBalrog]

Tinker has been superseded several times over by SCOTUS in the last few decades.

They can and will enforce out of school conduct and can force students to pee in cups on command to test for demon rum weed.

It's not been superceded. It's been limited. There have been recent, successful, Tinker lawsuits.

[cassandra and sara's daddy]

I'm all for free speech, but the boy and his father were on O'Reilly last night.  The father came off looking like a real jerk who was just trying to get attention.

how does the kid present? hopefully not like dad. or did you read it as being dad behind the shirt. i think junior shouldaturned shirt inside out under protest then engaged lawyer.   or is dad one?

[roo_ster]

Tinker has been superseded several times over by SCOTUS in the last few decades.

They can and will enforce out of school conduct and can force students to pee in cups on command to test for demon rum weed.

It's not been superceded. It's been limited. There have been recent, successful, Tinker lawsuits.

That is good news.  All I read about are the ones that lose, for some reason.

[Unisaw]

The kid seemed pretty normal to me.  The father did state that he made the t-shirt but that it was his son's decision to wear it to school.  How much influence did the father have in that decision?  I don't know.

[Uncle Bubba]

Not just trying to be a puddin' stick here, but I can't help thinking two things.

First, that the boy, being a child, doesn't have rights other than those that devolve from the rights of his parents. And though his dad does have "the right to free speech", egging his child into exercising it in school seems pretty...well, childish. Because...that's not what the boy is at school for.

The point of the exercise was to show patriotism by wearing red, white, and blue, not to front for your dad's political views. I'm sure y'all recall the story from a few weeks ago where a city council (I think) invited a local woman to open a meeting by singing "The Star-Spangled Banner", but she decided to "...express her feelings about being a black woman in America" by singing instead "Lift Every Voice And Sing".

The two stories share a common link, "We asked you to do this and you decided to do that, which makes you wrong." Only difference is, in the little kid's case, his dad can take the blame.

[akodo2]

That said, if you think you have "free speech" in school (or any other rights) you are deluding yourself.

the rule of free speech in schools is basically this.  'Your free speech is somewhat restricted.  If your speech is not disruptive to the well ordered running of the school, it is allowable'

the classic example is one of wearing anti-war armbands.  That free speech was seen as not disruptive and allowed to continue.  I suspect that if taken to court this would be found the same, as no profanity was used and no illegal behavior was endorsed, and the kid wasn't shouting it, it was simply written on his shirt

[MicroBalrog]

First, that the boy, being a child, doesn't have rights other than those that devolve from the rights of his parents.

Sorry, the Supreme Court disagrees with you.

[Uncle Bubba]

First, that the boy, being a child, doesn't have rights other than those that devolve from the rights of his parents.

Sorry, the Supreme Court disagrees with you.

I know, Micro. On this one I disagree with the Supremes. I guess it's just one of my things, but I don't understand how someone who hasn't reached their majority can be said to have the same rights as someone who has.