Skip to comments.8th grader who wore NRA shirt to school now facing possible jail time
Posted on 06/22/2013 10:58:08 AM PDT by SeekAndFind
We first brought you coverage of this story back in April, and as shocking as it was, I’d assumed we’d pretty much heard the end of it. In case you missed it, here’s the short recap:
When 8th grade Jared Marcum got dressed for school on Thursday he says he had no idea that his pro-Second Amendment shirt would initiate what he calls a fight over his First Amendment rights.
It was the image of a gun printed on Jareds t-shirt that sparked a dispute between a Logan Middle School teacher and Jared, that ended with Jared suspended, arrested and facing two charges, obstruction and disturbing the education process, on his otherwise spotless record.
By the end of the story, Jared was back in school and his parents were working with local authorities to get this incredibly stupid exercise in oppression off of his record. That should have been the end of it, but apparently the local powers that be are planning to take this situation to its illogical extreme.
Suspended and arrested after refusing to change his NRA shirt. Today, 14-year-old Jared Marcum appeared before a judge and was officially charged with obstructing an officer.
A $500 fine and up to a year in jail, that’s the penalty that Jared could face, now that a judge has allowed the prosecution to move forward with it’s obstructing an officer charge against him.
“Me, I’m more of a fighter and so is Jared and eventually we’re going to get through this,” Jared’s father Allen Lardieri said. “I don’t think it should have ever gotten this far.”
Jared’s dad is being a lot more calm and reasonable about this than I think I could manage, but that’s probably to the boy’s benefit. At this point, the “defense” is still treating it as a misinterpretation of school policy, and not some sort of civil rights violation. But if it goes much further, it’s not hard to imagine them bringing that aspect of it up in court. And if they do, the state is going to have a hard time sending Jared up the river. Our resident legal analyst, Doug Mataconis of Outside the Beltway, has already done the digging and found that the Supreme Court came down on Jared’s side some time ago.
In Tinker v. Des Moines Independent Community School District 393 U.S. 501 (1969), the Court deal with the case of a group of students who were disciplined for taking part in a protest related to the Vietnam War by wearing black armbands to school. In its decision, the Court held that the students right to express their political beliefs as protected by the First Amendment outweighed any argument the school could make that its actions were necessary to keep discipline and order in the school:
The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners interference, actual or nascent, with the schools work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.
The full details of the court’s decision, along with Doug’s comments on this piece of legal insanity, are available at the link. In the meantime, I suppose we’ll have to deal with yet another side show as this all drags out. You might think that in this “enlightened age” of free speech, something like this would never come up, but apparently you’d be wrong. I can understand the officials at one relatively small middle school flying off the beam for a bit and blundering into this sort of error, but once the public spotlight was on the case, one would hope that the legal system would notice and shut it down. But now they’re setting themselves up for public embarrassment on a national level. And for the cherry on top, this is all happening on Joe Manchin’s home turf, just as he’s facing another battle in the public opinion polls over his gun control mistakes.
Break out the popcorn.
The prosecutor should definitely be campaigned against for pursuing this case.
If the judge does not dismiss this case, or find the defendant not guilty, he should be impeached.
If he was wearing a Che Guevera T-shirt, they would be giving him an award. The public schools, never anything to brag about, are hopeless.
The petulant cop should get a new job at a doughnut shop where life is covered in chocolate, sprinkles, and stuffed with jelly and heavenly creme.
I’ll keep repeating it until every conservative gets the message.
1) Home school if you have the time.
2) Private school if you have the money.
3) If 1&2 are impossible then a right leaning non-union charter school.
Sending a child to government school is child abuse and aiding the enemies of this country.
They will try their darnedest. to make an example of this family for speaking out against their master.
When have they ever supported contrary opinions? Look at what they did to the troops who came home. Fascists all of them.
The government's socialist-entitlement schooling is the Marxist **most** powerful weapon.
Conservative groups of all sorts tend to focus on the legislative crisis of the moment. They win a few occasionally....BUT....they WILL LOSE the cultural and political war. Why?
Answer: Because the Marxist control the education and entertainment of nearly all the children in the nation. They are laughing at us. ( See my tag line.)
First the win on the First Admendment case, then the counter suit of mental harm of a minor will force the child to retire as a millionaire at the age of 18.
The teacher will get six months paid suspension and the Principle will give himself a new school supplied car.
Why I call them Gun Control Nazis
Folks in that community need to vote out some folks in next election
Sounds like Contempt of Cop, dealt with through Punishment by Process. I’m sure that if he licks their jackboots it’ll all go away.
All I recalled was there was an old case with a funny name ~ so it’s Tinker v. Bet that would apply to eating your poptart into the shape of a pistol, or maybe even atomic submarine!
1) Even if the charges are dropped, his family has been punished with thousands of dollars in attorney fees.
2) The boy's name has been permanently engraved in the Internet search engines and that **will** limit his future employment and educational opportunities.
3) And....A strong message has been sent to the other children and their parents that BIG BROTHER is out to get you for your thoughts.
Please note that my tag line is “Yuri Besmenov was a prophet.”
Judged Guilty before Trial....
On your feet CRIMINAL!!!
Scumbag Democrats always go after the kids first. They are too cowardly to pick on those their own size.
He will be offered a scholarship to a conservative college.
Sad, it’s come to this, but now we see who stands up to be counted in these fascist times...