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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 Shortly after the incident, the school rescinded the suspension.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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