Posted on 07/06/2009 2:01:59 PM PDT by rawhide
A California mom says her public school administrators violated her daughter's First Amendment rights when they ordered the seventh-grader to take off her pro-life T-shirt.
Anna Amador has gone to court on behalf of her daughter, who she says was ordered by her principal to change her shirt on "National Pro-Life T-Shirt Day." The shirt the girl was wearing displays two graphic pictures of a fetus growing in the womb.
The incident occurred in April 2008 at McSwain Elementary School, a K-8 school in Merced, Calif. Amador alleges in her legal complaint that school Principal Terrie Rohrer, Assistant Principal C.W. Smith and office clerk Martha Hernandez mistreated her daughter and denied the girl her First Amendment rights when they ordered her to leave the cafeteria and change her shirt.
"Before Plaintiff could eat [breakfast] she was ordered by a school staff member to throw her food out and report immediately to Defendant Smith's office, located in the main office of McSwain Elementary School," the complaint reads.
"Upon arriving at the main office, Defendant Hernandez, intentionally and without Plaintiff's consent, grabbed Plaintiff's arm and forcibly escorted her toward Smith's office, at all times maintaining a vice-like grip on Plaintiff's arm. Hernandez only released Plaintiff's arm after physically locating her in front of Smith and Defendant Rohrer...
"Smith and Rohrer ordered Plaintiff to remove her pro-life T-shirt and instructed Plaintiff to never wear her pro-life T-shirt at McSwain Elementary School ever again.
"Completely humiliated and held out for ridicule, Plaintiff complied with Defendants' directives and removed her pro-life T-shirt, whereupon, Defendants seized and confiscated it. Defendants did not return Plaintiff's property until the end of the school day.
(Excerpt) Read more at foxnews.com ...
At first I was appalled at this view. But slowly but surely I am coming around to it.
I agree... mostly.
The growing problem is that public schools are increasingly insisting on overriding the parents' rights and forcing objectionable materials and viewpoints on our children.
Such restrictions on students' free speech MUST be universal if they are used. A ban on all shirts with ANY printing whatsoever (no Che, etc.) would be fair.
But then what do we do about the teachers who HAVE their 1st Amendment rights protected, who then teach our children whatever offensive viewpoint they might deem proper?
I’m for saying you do not have full 1st Amendment rights in elementary school. I don’t want my kids seeing uncouth t-shirts, so I am willing to have them put off wearing their own political messages.
The whole thing goes away if you bring back school uniforms. A lot of public schools around the world do that, and an increasing number of them in the US. The uniforms are more comfortable than they used to be, and they are not very expensive at Target. I’m sure kids would still try to wear provocative buttons or something, but that can be dealt with using a carefully written dress code.
“They probably signed you up anyway.”
Sigh! Your probably right. Sigh again!
I once ordered a Marine who showed up for field day formation in a T-shirt that said “It’s a black thing, you wouldn’t understand” to go change it and that until he did field day would not commence and everyone would remain in formation until he returned. The next day he and I were standing in front of my CO (who was black) and he asked me if I was a racist and if he thought the other Marine was a racist to which I responded...”No Sir, I thought the shirt was racist in nature and in my mind was inappropriate attire for a Marine to wear”. To which he responded “Good answer”. I was dismissed and a conversation ensued between my CO and the other Marine behind closed doors. At the next morning formation the other Marine offered a formal apology to everyone present. I never saw the shirt again.
The 1st Amendment is all about the government not prohibiting or criminalizing viewpoints.
But if you are hired to teach History, and then go off on the moon landings being fake, the Kennedy assassination conspiracy, the car that runs on water not gas, etc; you WILL get fired.
That being said political nutjobs can and do get where they can spread their nuttery to kids; and many find a welcoming environment to such among our “I have a degree in Education, so I know nothing except how to teach.... nothing.” education professionals.
The best solution is to be a hands on parent at your local school, home school, and educate your child.
If 50% or more of what your child “knows” came from a school teacher and not from their parents, clergy, or their own self betterment; then your child has attained a piss poor education.
I think I figured out that kids don’t have any rights (freedom of speech, freedom from search and seizure, etc.) at school pretty early - while I was still IN school.
If they say say no gang colors - no gang colors. If they say no political or religious tees, no political or religious tees.
But if they allow any other politically themed garments, buttons, etc., then they have to allow this one as well.
A more direct message to really piss them off could have said,
Growing - Growing - Murdered
The argument over legalized concentration camps needs to happen in our schools if nowhere else. It is the most important human rights issue of our time, and this is the can of worms that has been sealed up for far too long. Time to go on offense.
If they can teach gay sex ed in grammar schools they should be allowed to wear that t-shirt.
As long as the schools can present sex-ed, which is always pro-abortion, the kids should get to wear pro-life shirts.
When a government school decides by using
non-viewpoint-neutral
or
arbitrary criteria,
it is violating the current interpretation of the Constitution that the SCOTUS has enforced over the last few decades.
The argument over legalized concentration camps needs to happen in our schools if nowhere else.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Government K-12 School
Definition: Legalized Concentration Camp!
I hope you don’t mind if I use “legalized concentration camp” often when referring to government K-12 schools. I hope the expression grows wings and soars! Love it! :-)
That's "graphic"?? What happens during an abortion is graphic. That is a picture of a baby!
Me thinks some of the educator’s have had abortions and disliked being reminded that they killed someone.
Public schools PROMOTE ABORTION!
When it is time to SEE what that is, the cock roaches get angry and bite back. SHOW them what an abortion is.
By the same token, Day of Silence is FORCED on all students - and it's all about the GAY LIFE STYLE. Why must THAT be in school and abortion a silent topic? Help me out on this.
They are two very sweet pictures of a perfectly adorable baby.
Only an evil and atheistic Marxist could see these pictures and call them “graphic”. Geeze!....And these are the people who teach our children?
Government schools and abortion: I wonder if they serve cookies and milk with that?
Powder..patch..ball FIRE!
“On another note...why is she eating breakfast at school?”
My kids eat breakfast at school because it is quicker and cheaper than me doing it every morning.
They have a lunch account that we deposit $$ and they get to spend for food items.
OTOH, if there is a blanket ban on political commentary in dress, I'm with the girl.
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