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Charge against student wearing NOBAMA shirt dropped
Denver Post ^ | 5-1-09 | Howard Pankratz

Posted on 05/01/2009 8:05:12 PM PDT by MtnClimber

Criminal charges against a junior at Dakota Ridge High School, who wore a T-shirt saying "NOBAMA" before an appearance and speech last fall by Michelle Obama at the school, were dropped Thursday.

Blake Benson, 17, was one of three students at the school who chose to "stay and campaign" for Sen. John McCain when Michelle Obama spoke at the school on Nov. 3.

At the time of his arrest, Benson was holding a McCain-Palin campaign sign.

He was handcuffed and taken to the school's administrative office, said Dan Recht, a Denver lawyer who took the case on behalf of the American Civil Liberties Union, which represented Benson.

Benson was given a "promise to appear" citation by a Jefferson County sheriff's deputy and accused of "interference with staff of an educational facility," said Recht. The Jefferson County Sheriff's Department decided not to forward the citation to prosecutors, effectively dropping the case.

Recht said Benson also was given a one-day suspension by the school. Shortly after the incident, the school rescinded the suspension.

Recht said he learned Thursday that authorities would not pursue the interference charge.

"There is no more classically protected speech than peacefully protesting against one candidate and for another," said Recht. "What Blake Benson was doing is as American as apple pie."

Jacki Kelley, spokesperson for the Jefferson County Sheriff's Department, said that the decision to drop the charge was made three weeks after the incident after a consultation with the Jefferson County district attorney's office.

(Excerpt) Read more at denverpost.com ...


TOPICS: Culture/Society; Politics/Elections; US: Colorado
KEYWORDS: dresscodes; nobama; obama; publikskoolz; tshirt
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1 posted on 05/01/2009 8:05:12 PM PDT by MtnClimber
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To: george76

No mention of searches of the faculty parking lot in search of anti-Bush bumper stickers!


2 posted on 05/01/2009 8:07:11 PM PDT by MtnClimber (Bernard Madoff's ponzi scheme looks remarkably similar to the way Social Security works)
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To: MtnClimber

They’re clearly afraid of a large civil suit. The kid should definitely get a good lawyer and make the school district pay, pay, pay. How else will these abusers learn?


3 posted on 05/01/2009 8:10:11 PM PDT by Tax Government
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To: MtnClimber

If Presidents and Candidates are going to go to high schools (any schools) and speak OR campaign.....then any student should be able to “speak” about the candidate....or policies.....

That this student was HANDCUFFED because of his NOBAMA shirt and McCain sign is an abomination....where is the INDIGNATION? Heads should roll.....WHO called the police? Or was it Obama’s Secret Service who ordered him cuffed? HHMMMMM


4 posted on 05/01/2009 8:10:49 PM PDT by goodnesswins (WE have a REPUBLIC.....IF we can KEEP IT!!!)
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To: MtnClimber

They should waterboard students who don’t bow down to the new messiah.


5 posted on 05/01/2009 8:13:53 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Tax Government
"They’re clearly afraid of a large civil suit. The kid should definitely get a good lawyer and make the school district pay, pay, pay. How else will these abusers learn?

Assuming that this details all the kid was doing, just wearing a shirt. It seems to me this is about as open and shut case of the State violating someone's most basic and elementary of civil rights.

If this were a black kid with a NOMCCAIN shirt who was arrested, I don't think that there would be any doubt that the FBI would have opened an investigation.

6 posted on 05/01/2009 8:15:26 PM PDT by Big_Monkey
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To: Tax Government
He should definitely sue - his civil rights were trampled. Sure, the suspension was dropped, sure the charges were effectively dropped... But his opportunity to campaign, protest, express himself and exercise his First Amendment Rights are gone. No-one can re-create his opportunity to make a peaceful statement at the rally.

Personally, I'm sick and tired of libs getting away with this kind of thing. I usually don't go in for suing people... But in this case, I'd go after the school and the police dept. I'd go for compensation deep in the 6 figures, and punitive damages equal to the sum of both the school district's and police dept's annual budgets...times 4 - since it'll be 4 years before he can make a similar statement at another Presidential rally.

7 posted on 05/01/2009 8:18:02 PM PDT by CodeMasterPhilzar (I'll keep my money, my guns, and my freedom. You can keep the "change.")
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To: goodnesswins

“Or was it Obama’s Secret Service who ordered him cuffed? “
Obama did have Secret Service protection then, but he had absolutely no authority to order the agents to do anything at the time of this incident.


8 posted on 05/01/2009 8:18:54 PM PDT by Frank_2001
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To: MtnClimber

The First Amendment is fine, don’t worry ... “Dissent is Patriotic”. There is no “chill wind”.


9 posted on 05/01/2009 8:21:37 PM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: Tax Government
clearly a civil suit for false arrest and violation of civil rights.

, but they may have added some trumped up disobedience charges, back in the 60's, the LAPD used to beat people up for talking back and then arrest them for assault on an officer or disturbing the peace

10 posted on 05/01/2009 8:22:39 PM PDT by KTM rider ( lack of production and greed killed capitalism , socialism will fill the void)
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To: CodeMasterPhilzar
"He should definitely sue - his civil rights were trampled. Sure, the suspension was dropped, sure the charges were effectively dropped... But his opportunity to campaign, protest, express himself and exercise his First Amendment Rights are gone. No-one can re-create his opportunity to make a peaceful statement at the rally.

Arrest under false pretense is all it takes. The arrest doesn't have to lead to a trial, or even an arraignment. If the charges are later dismissed or dropped by prosecutors, it doesn't change the fact that he was unjustly arrested in the first place. What the police did was to deprive this kid's of his rights under the color of law. That's a Federal offense, period.

11 posted on 05/01/2009 8:22:54 PM PDT by Big_Monkey
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To: MtnClimber

Now they can use Napolitano’s DHS garbage report to classify him a right wing extremist.


12 posted on 05/01/2009 8:25:00 PM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: Frank_2001

I’m happily surprised to learn that the ACLU came to his defense.


13 posted on 05/01/2009 8:28:32 PM PDT by basil ( It's time to eliminate all "Gun Free Zones")
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To: MtnClimber

I had not heard of this story. All he did was show up in a Mc/P shirt or is there more to it? If so, that’s absolutely ridiculous.


14 posted on 05/01/2009 8:29:05 PM PDT by Conservativism
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To: MtnClimber

SUE, SUE, SUE and I’m not talking about the name of a girl in a song.


15 posted on 05/01/2009 8:29:33 PM PDT by MadMax, the Grinning Reaper
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To: MtnClimber

I cannot believe that this is happening in our Republic. They are trying to take from us our most basic rights.


16 posted on 05/01/2009 8:29:40 PM PDT by jveritas (God Bless our brave troops)
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To: MtnClimber

SUE, SUE, SUE and I’m not talking about the name of a girl in a song.


17 posted on 05/01/2009 8:29:43 PM PDT by MadMax, the Grinning Reaper
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To: MtnClimber
"Dan Recht, a Denver lawyer who took the case on behalf of the American Civil Liberties Union, represented Benson.

Holy mackerel -- pigs are on the wing!

18 posted on 05/01/2009 8:30:21 PM PDT by BenLurkin (It's all about LIBERTY.)
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To: Frank_2001

You don’t get it. The Secret Service would protect Michelle Obama the way they would protect Mrs. Bush. Don’t know what the kid actually did. If as reported he stood quietly with signs, they would have no cause for restraining him. If he was going against school policy, he should have simply been removed from the room BY SCHOOL STAFF.


19 posted on 05/01/2009 8:32:09 PM PDT by RobbyS (ECCE homo)
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To: jveritas

They are trying to take from us our most basic rights.
:::::::::
Part of the radical socialist agenda. Very Marxist, I would add.


20 posted on 05/01/2009 8:32:49 PM PDT by EagleUSA
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To: BenLurkin

Swine flew!


21 posted on 05/01/2009 8:33:16 PM PDT by RobbyS (ECCE homo)
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To: basil
I’m happily surprised to learn that the ACLU came to his defense.

Don't be. The ACLU occasionally picks out a case like this so they can keep up appearances that they are simply interested in upholding the Constitution instead of being a left-wing legal good squad. Just because you do the right thing 10% of the time doesn't excuse the other 90%.

22 posted on 05/01/2009 8:33:19 PM PDT by OrangeHoof (YES WE CAN have a Depression.)
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To: MtnClimber

Just the beginning...it’s going to get a lot worse.....


23 posted on 05/01/2009 8:34:28 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: BenLurkin

RE: ACLU...
>”Holy mackerel — pigs are on the wing! “<

-yep...swine flew... ;^)


24 posted on 05/01/2009 8:35:27 PM PDT by FBD (My carbon footprint is bigger then yours)
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To: Conservativism

If there had been more to the story you can bet the Denver Post would have highlighted it!


25 posted on 05/01/2009 8:35:30 PM PDT by MtnClimber (Bernard Madoff's ponzi scheme looks remarkably similar to the way Social Security works)
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To: MtnClimber
Criminal charges against a junior at Dakota Ridge High School, who wore a T-shirt saying "NOBAMA" before an appearance and speech last fall by Michelle Obama at the school, were dropped Thursday.

lol last fall? It's May! What took so long?

26 posted on 05/01/2009 8:37:50 PM PDT by exist
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To: MtnClimber

The ACLU actually defended this kid? Must have been low on filling their quota to keep receiving federal funds...


27 posted on 05/01/2009 8:44:06 PM PDT by TheBattman (Pray for our country...)
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To: Drango
They should waterboard students who don’t bow down to the new messiah.

Don't worry - beheading will be soon enough...

28 posted on 05/01/2009 8:45:43 PM PDT by TheBattman (Pray for our country...)
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To: MtnClimber

Civil suit should still be able to proceed. Deprivation/Violation of civil rights under color of law. Sue the arresting officers personally, they do not have immunity from such a charge.

US Code 18 section 244.


29 posted on 05/01/2009 8:46:16 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: MtnClimber

Unfreakinbelievable!


30 posted on 05/01/2009 8:47:25 PM PDT by Pajamajan ( Pray for our nation. Thank the Lord for everything you have. Ask His forgiveness. Don't wait.)
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To: MtnClimber

No mention of any of the idiots being fired.


31 posted on 05/01/2009 8:48:18 PM PDT by nufsed (Release the birth certificate, school and passport records.)
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To: MtnClimber

3 students protest and only the one with the NOBAMA T-shirt was arrested?


32 posted on 05/01/2009 8:48:33 PM PDT by Kimberly GG (Add (MEXICAN FLU) to titles/keywords on new threads!! NOT SWINE FLU!!)
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To: MtnClimber

Lawsuit!


33 posted on 05/01/2009 8:48:57 PM PDT by TigersEye (Cloward-Piven Strategy)
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To: Secret Agent Man

I am surprised the ACLU did not sue the school administration for failure to properly indoctrinate these youths.


34 posted on 05/01/2009 8:49:34 PM PDT by MtnClimber (Bernard Madoff's ponzi scheme looks remarkably similar to the way Social Security works)
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To: MtnClimber

Very true. At least this offended both sides enough that even the ACLU took it on. While I might be optimistic, but that speaks to some speech in which both parties (whether they like it or not) agree must be protected.


35 posted on 05/01/2009 8:49:58 PM PDT by Conservativism
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To: MtnClimber
A Tale of Two Headlines (one following the other on FR):

“Charge against student wearing NOBAMA shirt dropped”

“How Republicans Can Build a Big-Tent Party”

We need to stop worrying so much about how to build a “big tent party” and we need to start shouting from the rooftops that the country is being tyrannized by fascists.

If the GOP continues with this limp-wristed approach to dealing with lying, fascistic bastards whose goal is to destroy America's sovereignty, devalue its money, and force us to obey a global ministry, I'm out.

36 posted on 05/01/2009 8:51:24 PM PDT by Ghost of Philip Marlowe (The most dangerous fascists are those with a warm smile and soothing voice.)
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To: MtnClimber
A Tale of Two Headlines (one following the other on FR):

“Charge against student wearing NOBAMA shirt dropped”

“How Republicans Can Build a Big-Tent Party”

We need to stop worrying so much about how to build a “big tent party” and we need to start shouting from the rooftops that the country is being tyrannized by fascists.

If the GOP continues with this limp-wristed approach to dealing with lying, fascistic bastards whose goal is to destroy America's sovereignty, devalue its money, and force us to obey a global ministry, I'm out.

37 posted on 05/01/2009 8:51:25 PM PDT by Ghost of Philip Marlowe (The most dangerous fascists are those with a warm smile and soothing voice.)
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To: MtnClimber

Guaranteed, this scumbag college would have never interfered with a student wearing an anti-Bush shirt at a Laura Bush event.


38 posted on 05/01/2009 8:53:42 PM PDT by Lancey Howard
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To: MtnClimber

Uh, make that “scumbag government high school”.


39 posted on 05/01/2009 8:54:19 PM PDT by Lancey Howard
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To: MtnClimber

If this had been reversed and he had been and Obamacorn, some “jury” would have awarded him between 3 and 5 million for having his “civil rights” violated when he was arrested. I guess that stuff don’t work for our side.


40 posted on 05/01/2009 8:57:10 PM PDT by FlingWingFlyer (Politicians always love to talk about "hard work." What the hell would they know about it?)
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To: Secret Agent Man

Also sue the principal, the superintendent, the chief of police for not properly training his officers. I doubt if the ACLU will support this but some attorney should.


41 posted on 05/01/2009 8:57:30 PM PDT by Aggie65
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To: MtnClimber

JEFFERSON COUNTY - Authorities will not pursue a case against the teenager arrested while wearing an anti-Obama t-shirt during a campaign event at a high school.

Blake Benson was one of three students arrested outside Dakota Ridge High School on November 3, 2008 during a visit by Michelle Obama.

Benson was holding a sign and wearing a t-shirt reading “NOBAMA.”

He was held on suspicion of a misdemeanor charge of interference with school and staff.

His attorney, Daniel Recht, said Friday that Benson will not face charges.

“What Blake Benson was doing is as American as apple pie,” said Recht in a written statement.

Recht, who took Benson’s case in coordination with the ACLU, said that the ACLU, “takes on 1st Amendment issues independent of whether the statement expressed is liberal or conservative, Republican or Democrat.”

The Jefferson County Sheriff’s Office said the decision not to pursue the case against Benson and the other protestors was made some time ago, and it was unclear why it was being publicized now.

(Copyright KUSA*TV. All Rights Reserved.)

ALSO

Jacki Kelley, spokesperson for the Jefferson County Sheriff’s Department, said that the decision to drop the charge was made three weeks after the incident after a consultation with the Jefferson County district attorney’s office.

She said that the two agencies decided that “in the interest of justice,” the case would not be pursued.

Kelley said that an internal-affairs investigation is currently ongoing to see what, if any, punishment the deputy who issued the citation should receive.

She said that the male deputy is still with the department and has not been suspended.

Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com


42 posted on 05/01/2009 8:58:15 PM PDT by Linda Frances
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To: Tax Government
They’re clearly afraid of a large civil suit. The kid should definitely get a good lawyer and make the school district pay, pay, pay. How else will these abusers learn?

Winning a case against the state has little value. States often have statutory limits making the awards small compared to those extorted out of business. The award is borne by the taxpayer which often makes the plaintiff look greedy. What needs to happen is the removal of Sovereign Immunity for certain classes of arrests. The Sheriff made a obviously political arrest. He should pay the damages not the state if he loses the case. I can see sovereign immunity in cases of civil unrest and in cases where split decisions for life and death situations are encountered, but government workers should be put on the same playing field as the private sector where they have the time to deliberate over their actions. I'm thinking about the whole of government not just the police.

43 posted on 05/01/2009 9:00:11 PM PDT by LoneRangerMassachusetts
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To: MtnClimber
Why doesn't the high school student sue the school and the sherrif?

They need the hurt put on them.

False Arrest is a given, and then there might be a Civil liberty violation.

44 posted on 05/01/2009 9:01:13 PM PDT by Candor7 (The weapons of choice against fascism are ridicule,derision ,truth. (member NRA)
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To: MtnClimber

What has this country become?


45 posted on 05/01/2009 9:05:36 PM PDT by fullchroma (right-wing radical in pearls and lipstick)
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To: MtnClimber

YEA!

Shreds of sanity can still be found.


46 posted on 05/01/2009 9:10:11 PM PDT by Quix (POL Ldrs quotes fm1900 2 presnt: http://www.freerepublic.com/focus/religion/2130557/posts?page=81#81)
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To: jveritas

“They are trying to take from us our most basic rights.”


Don’t look now but they are succeeding.


47 posted on 05/01/2009 9:10:37 PM PDT by GreyMountainReagan (Liberals do not view the book 1984 as a warning but as a textbook.)
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To: EagleUSA; GreyMountainReagan

Re-Defeat Communism.


48 posted on 05/01/2009 9:12:42 PM PDT by jveritas (God Bless our brave troops)
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To: MtnClimber
Charge against student wearing NOBAMA shirt dropped

...this time

Benson was... accused of "interference with staff of an educational facility," said Recht.

Is that really a crime, or did they just make that up on the spot?

Can we charge teachers with interference with the education of a child?

-PJ

49 posted on 05/01/2009 9:22:23 PM PDT by Political Junkie Too (This just in... Voting Republican is a Terrorist act!)
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To: RobbyS

” If as reported he stood quietly with signs, they would have no cause for restraining him.”

It does seem from the article that he was quiet, and that’s probably why the cops declined to press the matter.

“If he was going against school policy, he should have simply been removed from the room BY SCHOOL STAFF.”

Agreed. Getting the cops involved was over-reacting.


50 posted on 05/01/2009 9:35:35 PM PDT by Frank_2001
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