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Case Against Student Who Wore NRA T-Shirt to School Dismissed
NRA-ILA.org ^ | June 28, 2013 | staff reporter

Posted on 07/01/2013 11:25:52 AM PDT by Daffynition

On June 27th, in a positive resolution to a case which has captured the attention of advocates for First and Second Amendment rights, the case against 14-year-old Logan Middle School Honor Student Jared Marcum of Logan, W.V., was dismissed with prejudice. Marcum had been charged with obstructing an officer following an incident stemming from a Logan Middle School faculty member's reaction to Marcum wearing to school an NRA t-shirt featuring the words "Protect Your Right" and an image of a semiautomatic rifle. The charge against Jared carried a possible sentence of incarceration.

The entire episode started back on April 18th when Marcum was wearing his NRA t-shirt in school and a Logan Middle School band teacher took exception to Marcum's choice of attire. The Logan County Schools' Dress Code, however, had no restriction on clothing featuring firearms. Nevertheless, the teacher demanded that Marcum remove his shirt or turn it inside out. Marcum refused, citing his First Amendment rights, at which point the other Logan County school officials became involved. During the incident, Marcum's classmates were vocal in support of him.

(Excerpt) Read more at nraila.org ...


TOPICS: Constitution/Conservatism; Foreign Affairs; News/Current Events; US: West Virginia
KEYWORDS: banglist; firstamendment; guncontrol; secondamendment

1 posted on 07/01/2013 11:25:52 AM PDT by Daffynition
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To: Daffynition
dismissed with prejudice.

Awesome. Dismissed with prejustice is unusual - That's telling the prosecution "You can not bring this case again."

2 posted on 07/01/2013 11:28:13 AM PDT by Fido969
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To: Daffynition

Glad this has been resolved, sickened that this kid had to endure this nonsense. I’m sure this has strengthened his beliefs. The madness we face is growing.


3 posted on 07/01/2013 11:31:05 AM PDT by catbertz
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To: Daffynition

>>On June 17th, Logan County prosecutors charged Marcum with obstructing a police officer, claiming that Marcum had hindered the responding officer’s ability to do his job

Yet another reason to hate cops. They are such douche bags.


4 posted on 07/01/2013 11:32:00 AM PDT by qwerty1234
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To: Daffynition
And why was the “band teacher” not arrested for violating this guys “civil rights”?
5 posted on 07/01/2013 11:34:20 AM PDT by Not now, Not ever! (Girlfriend suggested I use pelosi in place of swear words, A good idea, I think)
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To: Not now, Not ever!

The teacher should be sued.

Of course the case was dropped. This is what happens when you don’t fold under improper pressure.

Leftists work by way of intimidation and must be resisted at every turn.

They remind me of fire ants.


6 posted on 07/01/2013 11:37:23 AM PDT by SaxxonWoods (....Let It Burn...)
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To: Daffynition

Now there needs to be the mother of all lawsuits. Now we know that the police and school board are special people who cannot be held accountable so what needs to happen is the school district and town need to get hit with a jury award so hideously large that all local taxes have to be doubled or worse. If the taxpayers want to have dangerous animals like those working on their behalf then they get to pay the price for not keeping them on a leash.


7 posted on 07/01/2013 11:38:51 AM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: qwerty1234
Yet another reason to hate cops. They are such douche bags.

I think your hatred is misdirected, at least in this case.

As Jared persisted in asserting his rights and refusing to remove the shirt, school officials called the Logan Police Department, complaining of an "unruly student." Police arrived to find Jared in the principal's office, still wearing the shirt. An officer ultimately arrested Marcum, claiming that his repeated assertions of his rights, even after being warned to be quiet, constituted obstruction of a police officer. Marcum was also given a one-day suspension from school.

If you are looking for someone to blame for this you should blame the band teacher for starting the whole affair and the principal for not resolving the matter by upholding the student’s right to wear the shirt unmolested. The cop was simply doing his job as he was trained.

I think this kid is one of those people that simply can not shut their mouth when they get nervous and it led to his arrest in this case.

8 posted on 07/01/2013 11:41:05 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Daffynition
was dismissed with prejudice.

Fine. He is now almost back to status quo ante, with some interesting lessons learned. Time for him to go on the offensive and seek apologies, monetary damages, and if necessary, jobs and careers.

9 posted on 07/01/2013 11:42:08 AM PDT by PGR88
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To: Fido969

When I was in school, back in the paleolithic age, we were not allowed to wear tee shirts of any kind, except as under shirts.


10 posted on 07/01/2013 11:44:25 AM PDT by Daveinyork
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To: Orangedog
Now there needs to be the mother of all lawsuits.

I would rather see this kid or his dad run for the school board. They have name recognition in the city now and that is a big advantage.

From the school board they can change the school administration and policy.

All a big jury award does is cripple the school and cost the taxpayer money. Unless the local paper or TV news picks up and makes the reason for the school’s lack of funds the low information voter will never make the connection to a stupid principal.

11 posted on 07/01/2013 11:46:43 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: qwerty1234
don't blame the Cops; just following orders..(dog shooting, is another matter.)
blame the arrogant/stupidity of Logan County prosecutor office.

12 posted on 07/01/2013 11:47:13 AM PDT by skinkinthegrass (who'll take tomorrow,$pend it all today;who can take your income & tax it all away..0'Blowfly can :)
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To: Daveinyork
When I was in school, back in the paleolithic age, we were not allowed to wear tee shirts of any kind, except as under shirts.

Better days. I am all in favor of school uniforms. I am also in favor of single sex schools.

13 posted on 07/01/2013 11:50:41 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Orangedog
Now there needs to be the mother of all lawsuits.

Read the article again. A deal was cut. One of the terms of the deal was the waiving of civil action (read:lawsuit) by his family in return for the dismissal with prejudice. Won't be a lawsuit forthcoming, so they are free do do the same again to somebody else, at another time.

This is how the keep their special 'immunities' from what should be the consequences of their actions. They cut a deal with victim A, hoping to be able to steamroller victim B further down the road...

the infowarrior

14 posted on 07/01/2013 11:56:00 AM PDT by infowarrior
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To: Daffynition

I guess this teacher probably wouldn’t have had a problem if the student was wearing a Che Guevara t-shirt instead.


15 posted on 07/01/2013 12:00:43 PM PDT by dowcaet
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To: skinkinthegrass

>>don’t blame the Cops; just following orders.

So were the guards at the nazi death camps.

The cop should have set the teacher straight, not arrested the student..the cops have become the pointy end of the spear for a corrupt government, so my hatred is not misdirected at all. This is a minor case, but it happens 1000x a day all across the country....just following orders.


16 posted on 07/01/2013 12:02:58 PM PDT by qwerty1234
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To: infowarrior
Read the article again. A deal was cut. One of the terms of the deal was the waiving of civil action (read:lawsuit) by his family in return for the dismissal with prejudice. Won't be a lawsuit forthcoming, so they are free do do the same again to somebody else, at another time.

Well crap. That would have been a deal breaker for me. The second they asked for that they admitted they knew they were going to lose. Bad move on the family's part.

17 posted on 07/01/2013 12:03:37 PM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: Orangedog
That would have been a deal breaker for me. The second they asked for that they admitted they knew they were going to lose. Bad move on the family's part.

Same here.

18 posted on 07/01/2013 12:06:40 PM PDT by Standing Wolf
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To: Daffynition

He was guilty of nothing more than failure to grovel before the police. The police knew it from the beginning but for some unknown reason chose to be a$$holes about it and attempted to bully him into a plea bargain.


19 posted on 07/01/2013 12:10:57 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: Pontiac
All a big jury award does is cripple the school and cost the taxpayer money. Unless the local paper or TV news picks up and makes the reason for the school’s lack of funds...

Yeah, that was kind of the point I was going for. Stupidity and ignorance should hurt. If the locals decided they only wanted to get involved with this beast for was pep rallies and Friday night football and ignore their monster attacking this kid for political purposes then they deserve to pay through the nose for not demanding the board and city terminate those people responsible for cause. Same deal if I have a pit bull and let it run loose. If it hurts someone you can bet your ass I will be held accountable. Same goes for the taxpayers in that town. They let their animals attack this kid. They should be forced to pay for it since the animals are too special to be punished.

20 posted on 07/01/2013 12:12:36 PM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: qwerty1234
true.. true.. the LEO should have warned the moronic tearcher/school
administrators to handle this (constitutionally) and just walked out.

21 posted on 07/01/2013 12:19:09 PM PDT by skinkinthegrass (who'll take tomorrow,$pend it all today;who can take your income & tax it all away..0'Blowfly can :)
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To: Pontiac

“I am also in favor of single sex schools.”

Once and done? I didn’t even have that?


22 posted on 07/01/2013 12:21:02 PM PDT by Daveinyork
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To: Orangedog
The trouble with a lawsuit of this kind is that the two things are most likely to occur won’t have any impact on the school board.

First the board settles out of court for an with no admission of guilt and a non-disclosure agreement. The board gets little bad press if any and things go on as before.

Second the board fights the suit looses and appeals over and over again. The suit goes on for a decade or more and the press grows tried of covering the matter. It gets spotty coverage until the kid now an adult wins. By this time nearly all of the members of the board have been replaced by natural attrition and the teacher and principal have retired with full pensions.

The only way to really impact the facts on the ground is in the political arena. Change the population of school board and through them the school administration.

23 posted on 07/01/2013 12:27:17 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Fido969
Awesome. Dismissed with prejustice is unusual - That's telling the prosecution "You can not bring this case again."

It's the polite way of the judge telling the prosecution they were effin' morons for ever walking into the courtroom with such charges in hand. We must maintain a certain decorum, you know...;-)

Now, as to the kid going after the morons at the school, I say sic'em, kid!!

24 posted on 07/01/2013 12:34:28 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: Orangedog

” there needs to be the mother of all lawsuits. Now we know that the police and school board are special people who cannot be held accountable so what needs to happen is the school district and town need to get hit with a jury award so hideously large that all local taxes have to be doubled or worse.”

I am in complete agreement with you. The only thing that people understand sometimes is when they get hit in the wallet. Large cities are self-insured (i.e., Chicago) and are harder to break, but smaller cities can get hit and have their liability carrier drop them like a piece of day old dog doo-doo. They will DEFINITELY pay attention to this.

We hear all of the time that people don’t have to suffer consequences for their actions anymore. I don’t believe that this is true for ordinary citizens, but only for “protected classes”. If this gets evened out (cops indebted for life to the people whose rights they trampled, for example), these sorts of outrages will quickly disappear.


25 posted on 07/01/2013 12:44:40 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: Daffynition

The battle to control thinking rages on.


26 posted on 07/01/2013 12:51:42 PM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: Daveinyork

You must be one old dude!


27 posted on 07/01/2013 12:56:10 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Orangedog

Can we dontate to this kid’s legal pile?


28 posted on 07/01/2013 12:59:39 PM PDT by polymuser ("We have a right to debate and disagree with any administration!" (HRC))
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To: Daffynition
For his part, Marcum has offered an apology for any perceived disrespect to the officer, and he and his mother agreed to forego any civil action against the City of Logan, its police department, the police officers involved.

Just wait until the police start pulling him over every day after he gets his license.

29 posted on 07/01/2013 1:19:33 PM PDT by bgill (This reply was mined before it was posted.)
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To: editor-surveyor

“You must be one old dude!”

I have dirt in my back yard that’s younger than me.


30 posted on 07/01/2013 1:21:10 PM PDT by Daveinyork
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To: catbertz
>>The madness we face is growing.<< Frankly, I can barely keep up with all the insanity.

NEA Vice President: NRA, Second Amendment Supporters "Are Going to Hell"

31 posted on 07/01/2013 1:24:50 PM PDT by Daffynition (Stand Your Ground)
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To: Daffynition
The Logan County Schools' Dress Code, however, had no restriction on clothing featuring firearms.

That will be the basis of civil lawsuits that should result against the teacher, the school officials and board, police and prosecutors.

Counter-suits may be the only way to stop the PC crap.
32 posted on 07/01/2013 1:44:20 PM PDT by TomGuy (.)
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To: Pontiac
Better days. I am all in favor of school uniforms. I am also in favor of single sex schools.

Yes.

33 posted on 07/01/2013 4:47:42 PM PDT by BfloGuy (The imposition of a duty on the importation of a commodity burdens the consumers. --Ludwig Von Mises)
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