Posted on 06/03/2006 9:14:14 AM PDT by NormsRevenge
MIRA LOMA - A Jurupa Valley High School senior suspended for promoting an anti-immigration protest on campus has filed a lawsuit, arguing the school violated his free speech rights.
Joshua Denhalter, 18, was suspended for three days in late March after he attempted to organize a counterprotest against pro-immigration-inspired demonstrations and school walkouts.
The mass protests were in response to harsher penalties for illegal immigrants being proposed in Congress.
"There are two standards. Students can walk out of school, walk on to freeways, and nothing happens to them. I try to do something legally, and I get slapped,'' Denhalter said Friday. "It's like you can only have free speech if you're not white or if you're illegal.''
Elliott Duchon, superintendent for Jurupa Unified School District, declined to comment on the suit.
Filed in Riverside County Superior Court on Thursday, the lawsuit notes that dozens of Jurupa Valley High School students, mostly of Mexican-American descent, intentionally and illegally walked out of school in protest of illegal immigration legislation during the last week of March.
Denhalter chose to act lawfully and organize a legitimate counterprotest during lunch hour, according to the suit. But he was informed by officials that he couldn't hand out fliers on campus, according to the suit.
After Denhalter refused to stop, he was suspended for "handing out (fliers) advocating the disruption of school activities,'' the lawsuit states.
In addition, Denhalter was denied access to an immigration forum on campus, the lawsuit asserts.
By their actions, officials trampled on Denhalter's First Amendment rights, and the defendant should pay damages upward of $25,000 and clear Denhalter's student records, the lawsuit states. The court should also find the school's actions unconstitutional, it said.
Graciela Larios, chairwoman of UC Riverside's MEChA, said she was perplexed by the free speech angle. The university Chicano advocacy group had supported Jurupa Valley students after Denhalter declared at a school board meeting that MEChA should be banned from the high school campus.
"That doesn't make sense,'' Larios said. "If he is saying that his free speech was violated, why would he want to ban MEChA?''
Larios said the group believes that all sides should be allowed to express themselves freely, but she was skeptical of Denhalter's motives.
Jose Calderon, professor of sociology and Chicano studies at Pitzer College, said at times pro-immigration advocates at his campus have attempted to silence opposing viewpoints. But Calderon, who was familiar with the Jurupa situation, also said that if school officials felt that Denhalter was trying to foment hatred, they had a right to curtail his speech.
Richard Ackerman, Denhalter's lawyer, said the student's free speech was clearly violated.
"You are now considered on the good side if you are pro-immigration,'' Ackerman said. "But if you are on the, quote unquote, conservative side, you are on the wrong side.''
Ackerman, who is working on the case for free, said the intimidation of anti-immigration advocates is starting to become a larger issue at his law firm. He also noted that Denhalter will be heading to boot camp for the U.S. Marines at the end of June.
"So here you have a kid who will be putting his life on the line to defend this country, including the Constitution, and this is what he gets,'' Ackerman said.
Jurupa Valley High Protest, 03/31/06
Jurupa Unified School District president Carl Harris speaks with Jurupa Valley High School student Josh Denhalter during a pro-America rally that Denhalter orgainzed on Friday, March 31, 2006 in Mira Loma. Denhalter was suspended on Thursday, according to him, for handing out flyers at school promoting his rally.
Jurupa 'Josh' fyi
WTG, Josh!
Graciela Larios, chairwoman of UC Riverside's MEChA, said she was perplexed by the free speech angle. The university Chicano advocacy group had supported Jurupa Valley students after Denhalter declared at a school board meeting that MEChA should be banned from the high school campus.
"That doesn't make sense,'' Larios said. "If he is saying that his free speech was violated, why would he want to ban MEChA?''
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DUhhhh!! MEChA is nothing more than a FRont for Mexican "Nationalists" i.e.; communistos to reclaim the Southwest. It could care less about anyone's rights except their own.
Somebody needs to take over that principal's office, tie everybody up and gag them, and tell the story about the kid whose grandfather had lunch with Pancho Villa over the public address system...
"That doesn't make sense,'' Larios said. "If he is saying that his free speech was violated, why would he want to ban MEChA?''
I guess free speech ends where liberalism begins?
This guy is a HERO.
HellOOOO, Denhalter is going to school there and MeCHa is outsiders!
You think?
Where's the ACLU on this? What, you mean they are only interested in protecting the rights of far right groups like the KKK, who nobody cares about? When it comes to protecting the rights of mainstream Americans the ACLU can't be found.
They should be suing for $250,000,000.
And it looks like he has a valid case backed up by precedent as well...
Tinker v. Des Moines (393 US 503; 1969)--specifically:
"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"
I can see the ACLU is rushing to help him out with his first ammendment case! (sarcasm)
The S1 in my battalion had a picture of either his grandfather or great-grandfater outfitted like he was in Pancho Villa's army. I forgot to ask if his relations was part of Villa's army. It was a great photo and a real conversation starter.
I just sent this email to the School District:
"I think your decision to expell Joshua Denhalter for organizing an anti-immigration rally borders on the fascist. What business do you have taking sides in political issues? More to the point, what right do you have to force your political views on others, and curtail their freedom of speech to express conflicting viewpoints?
No wonder our public schools are held in such low regard."
Here's how you can send one as well:
http://www.jusd.k12.ca.us/subscribe.cfm
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