Author Topic: My Friend's First Amendment Rights Were Violated.  (Read 1962 times)

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Offline te27ch

  • 22
My Friend's First Amendment Rights Were Violated.
Hi folks.

My story starts with my friend, I'll call him D. He's frickin awesome l33t, originally from Mexico, and can speak spanish very well. Occasionaly, he goes back to Mexico, maybe for a month in the summer, and even returns with gifts for people.

He bought himself a T-shirt there, too.
Here is D's english translation of the original spanish T-shirt:

FRONT: In case of fire, read back.
BACK: I said in case of fire, dumbass.

That's it.

On the first day of school, he wore that shirt. No one really noticed, if they did, they didn't care. Well, one spanish teacher did, though. He/She contacted the office, and D received a small note telling him to come down to the office, about his shirt. I know, because I was in the same class with him when he received it.

After about 20 minutes, he returned with a different shirt on. D explained that he was told to change it, and that he couldnt go home to change because his parents were gone. Luckily, he had a spare shirt in his PE locker.

This above violation neither he nor I protest. The school rules say you can't have a shirt with swearing on it, and that is that.

Here is the problem:

That night, there was a football game. As with most small towns, a football game is an important event, with a good percentage of the population attending. I was playing in the band, and I was really not sure if D was going to come or not.

At half-time, I went and milled about with my friends. I was shocked when I could see D, wearing his imfamous T-shirt, apparently arguing with a non-uniformed police officer, who actually was the same resource officer at our school that might've ordered him to change shirts.

Here is the only bits that I could get from the argument:

Cop: Something something something.
D: OH yeah? Do you see me leaving? I think I'm leaving! What do you think you see?
Cop: Yeah
D: Alright, fine! I'm leaving! *turns and leaves*

That just set me off. Not enough to talk with the police officer, of course. Later, I went with my friends to talk with some of the more "open-minded" teachers at our school, who were at the game. They remarked about how repressive society was getting, etc.

Now, I want to fight for D. Not so he can wear the shirt at school, but MOST CERTAINLY so he can wear it at a football game.
--------------------------
Here are supporting facts:

D paid to get in, $3 I think, and if not, that was covered by the activity fee, which he also paid for.

Here are some relevant bits from our Student Handbooks:

FREEDOM OF EXPRESSION - Students are protected in the exercise of their First Amendment Rights at AFHS. The exercise of such rights, however, must be conducted in a manner that does not disrupt the educational process. American Falls High School will not tolerate any remarks, graffiti, clothing, or action that degrades any nationality or culture.

This only talks about the school itself, not the football field, which is a mile away, nor ANY school-sponsored activites. Just the school. Personally, I think the only "culture" his shirt would offend are dumbasses, or pendejos or whatever.

DRESS CODE GUIDELINES: ...Clothing or jewelry displaying words or pictures that represent alcohol, tobacco, drugs, gangs, weapons, vulgarity or a topic that would be inflammatory or offensive is not permitted.

Once again, this says nothing about school-sponsored activites at all, It doesn't even specify anything as to what locations this "dress code" is applicable to.

PROFANE LANGUAGE: The use of profanity or obscene language in school, upon school grounds, on school buses, or during activites sponsored by the school shall not be tolerated. Students who abuse this regulation will be disciplined by the administration.

Ahh! Finally! Something about activities! Too bad though, Big Brother, because this is profane LANGUAGE. D was not cussing his head off. Not one bit. Also, note the bit about the "administration". The student handbook says this:

RESOURCES Mr. F___ H____......Resource Officer

NOWHERE in our handbooks does it even LIST the "administration". If ANYONE were to punish him, that person would be on the non-existant "ADMINISTRATION" list, not the pitiful "RESOURCES" list.

-------------------------------
That's all I have for now, but I really want to fight for his rights. I would like any help, support, or ANYTHING that would help.

 

Offline Ghostavo

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My Friend's First Amendment Rights Were Violated.
Could you please get the original phrase in here and not an english translation?

At school, I might agree with the teachers decision (seeing that I don't know exactly what it said), but in a football game? Don't they scream things much worse (than what it appears to be in the T-shirt)?
"Closing the Box" - a campaign in the making :nervous:

Shrike is a dirty dirty admin, he's the destroyer of souls... oh god, let it be glue...

 

Offline Knight Templar

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My Friend's First Amendment Rights Were Violated.
Eh? He wore a shirt with naughty words on it to a school event. If you or him don't see the failing in that, maybe you should both read the back of his shirt.

I'm not saying that it shouldn't be allowed, but you can't complain that the school is a little pissy about it. It's a given, really.

Ghostavo: Occasionally, but you can't really tell a paying crowd to shut up. Err, well, you could, but damn if you can enforce it.

One kid wearing a 'lewd' shirt however, is a lot more reasonable to take care of. You could complain that they actually bothered to enforce anything against your friend, but that's probably as far as you'd get... not to mention stupid.
« Last Edit: August 28, 2004, 03:58:22 pm by 675 »
Copyright ©1976, 2003, KT Enterprises. All rights reserved

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Offline Rictor

  • Murdered by Brazilian Psychopath
  • 29
My Friend's First Amendment Rights Were Violated.
uhh, since the shirt was in Spanish, go with the "intolerant of other culuitres, oppressing him because of his ethnicity etc etc" defense.

Most likely, whoever you're speaking to will get freaked out once you even mention the word discimination, and since they will most likely know jack about the law, they'll fold.

[l]One more question: was the football game held on school grounds or somewhere else?[/l] If it was public property, you've got a case. If it was a private arena, you might want to check with whoever runs to place to see about the dress code.

edit: I really should read.
« Last Edit: August 28, 2004, 04:05:18 pm by 644 »

 

Offline Knight Templar

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My Friend's First Amendment Rights Were Violated.
Err... he's not going to get anywhere screaming "discrimination!" if he lives in Idaho... I'm suprised you guys even have a Mexican there.
Copyright ©1976, 2003, KT Enterprises. All rights reserved

"I don't want to get laid right now. I want to get drunk."- Mars

Too Long, Didn't Read

 

Offline jdjtcagle

  • 211
  • Already told you people too much!
My Friend's First Amendment Rights Were Violated.
You don't, it was on school propety and when your on school property you must obey there leads...

Read the handbook alittle more and see if it says those exact words...
"Brings a tear of nostalgia to my eye" -Flipside
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Offline Hippo

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My Friend's First Amendment Rights Were Violated.
I fought for something very similar myself and proved the school wrong. However, I learned a lot from it.

Schools reserve the right to control what kind of messages are displayed in the school. School contracts/agreements extend to ALL school related activities.

Anyone who is a paid worker or a volunteer, or is appointed as such by any other administrator, is part of the administration.

Profane language isn't limited to speaking. It also includes vulgar or rude words and or phrases written.

Contact your local ACLU (American Civil Liberties Union), though in this case, i dont think you'll have much luck... In my case, my state had expanded liberties for High School students... (I'm looking for the list of those states now...)... But in this case, the school DID state that they reserve the right to take action with profanity. Your town laws probably say something about it as well...

I'm not going to say drop the issue, because thats what people told me, but i am saying that it looks like the school's got you there...
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Offline Tiara

  • Mrs. T, foo'!
  • 210
My Friend's First Amendment Rights Were Violated.
He should come over here. We allow students to run around with decapitated people on their shirts. Or with nudity. :p (Ofcourse the religious schools don't but they suck per definition)

Seriously, if someone wants to wear something he/she can. Why do people make suck a big f*cking fuss about it? It's not like if it says 'Kill yourself!' on a shirt you should actually do it. :doubt:
I AM GOD! AND I SHALL SMITE THEE!



...because I can :drevil:

 

Offline Rictor

  • Murdered by Brazilian Psychopath
  • 29
My Friend's First Amendment Rights Were Violated.
Yeah, I say just drop it.  Schools are uptight and oppressive, so what else is new? Its not worth fighting over, I mean if it was political or something than I could understand it, but in this case I don't think its worth the trouble.

 

Offline Tiara

  • Mrs. T, foo'!
  • 210
My Friend's First Amendment Rights Were Violated.
Quote
Originally posted by Rictor
I mean if it was political or something than I could understand it

Then you're just as bad as the rest :doubt:

I seriously cannot see why anyone shouldn't be allowed to wear t-shirts with political statements on it. It's not like if a shirt says "BUSH IS THE BEST WE MUST ALL DO AS HE SAYS!", anyone who reads it should automatically become Bush's *****.

I can understand this in elementry school where politics just don't belong, but high school and up people should be able to make up their own minds. If they can't it's their friggin' problem. If people are so weak minded that they are influenced by f*cking t-shirts they belong in a mental institution.

I just can't grasp the fact that when you have the First Amendment, Freedom of religion and expression, as your so-called highest of all laws, you still riot over friggin' t-shirts being worn on school.

I'm sorry to say this, but the American society as it is today, Just. Plain. Sucks.
I AM GOD! AND I SHALL SMITE THEE!



...because I can :drevil:

 

Offline Rictor

  • Murdered by Brazilian Psychopath
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My Friend's First Amendment Rights Were Violated.
no no, you misunderstood. I meant, if they were going after him for wearing a tshirt with a political message, that would be worth fighting for, since thats censorship and all that, but in this case I personally don't think its worth the hassle.

 

Offline Tiara

  • Mrs. T, foo'!
  • 210
My Friend's First Amendment Rights Were Violated.
Quote
Originally posted by Rictor
no no, you misunderstood. I meant, if they were going after him for wearing a tshirt with a political message, that would be worth fighting for, since thats censorship and all that, but in this case I personally don't think its worth the hassle.

Nothing like this is worth the hassle. not even political statements. If someone wants to make a political statement in the form of a t-shirt he shouldn't be stopped just because 'it might conflict with other people's beliefs' or 'it might influence other people'... :ick:
I AM GOD! AND I SHALL SMITE THEE!



...because I can :drevil:

 

Offline Blaise Russel

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My Friend's First Amendment Rights Were Violated.
What *I'm* chuckling about is that 'dumbass' is considered profane and/or obscene.

Heh. Heheheh. Oh my. 'Dumbass'. That's gold.

 

Offline Liberator

  • Poe's Law In Action
  • 210
My Friend's First Amendment Rights Were Violated.
It's the "ass" part that gets the attention.

BTW, AFAIK school sponsored sporting events are considered by everybody concerned to be subject to the same rules and laws that apply to school proper, except for maybe the prayer part.  Every football game I've ever been to had an invocation.
So as through a glass, and darkly
The age long strife I see
Where I fought in many guises,
Many names, but always me.

There are only 10 types of people in the world , those that understand binary and those that don't.

 

Offline Taristin

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My Friend's First Amendment Rights Were Violated.
...Don't any of you know? In America... when you are in a school, you are not granted the same constitutional rights. They cut many of them severely, becaus its the lern-ed peeples that kan find loop holes.  An wil.
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Offline jdjtcagle

  • 211
  • Already told you people too much!
My Friend's First Amendment Rights Were Violated.
:sigh:

Yeah, here we can only wear solid colors, absolutely no stripes... Our shirts have to be tucked in, and absolutely NO shorts or long sleve shirts.

There excuse is it increases test scores...
"Brings a tear of nostalgia to my eye" -Flipside
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I'm an Apostolic Christian (Acts: 2:38)
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Offline Solatar

  • 211
My Friend's First Amendment Rights Were Violated.
At my school we wear khaki pants, dress shirts, ties (in the winter), dress shoes...


Going to a school with uniforms is awesome, just so I can wear a heavy metal t-shirt on a "dress-down" day...

 

Offline Taristin

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My Friend's First Amendment Rights Were Violated.
UNIFORMS!!!




err... are scary. To me atleast. i cannot wear the same thing as everyone else. *shudders*
Freelance Modeler | Amateur Artist

  

Offline Solatar

  • 211
My Friend's First Amendment Rights Were Violated.
Well, I don't enjoy it either.

 

Offline jdjtcagle

  • 211
  • Already told you people too much!
My Friend's First Amendment Rights Were Violated.
Absolutely no one would care if as long as they got rid of the stupid tuck in your shirts deal...
"Brings a tear of nostalgia to my eye" -Flipside
------------------------------------------
I'm an Apostolic Christian (Acts: 2:38)
------------------------------------------
Official Interplay Freespace Stories
Predator
Hammer Of Light - Omen of Darkness
Freefall in Darkness
A Thousand Years