Punishment Upheld for Kindergartner Who Imagined Finger as Gun

AP ^ | June 22, 2003

[sarcasm]

AYREVILLE, N.J., June 21 — The Sayreville school district did not violate the civil rights of a kindergartner it suspended three years ago for pretending his hand was a gun and threatening to shoot his friends as they played during recess, a federal appeals court has ruled.

The ruling, issued Thursday by the United States Court of Appeals for the Third Circuit in Philadelphia and first reported in The Home News Tribune of East Brunswick, affirmed a federal court decision last year. In that decision, a Federal District Court in Newark had dismissed a lawsuit filed by the boy's parents.

The parents, Scot and Cassandra Garrick, sued the school district after their son and three other pupils at Woodrow Wilson Elementary School were suspended for three days after an incident on March 15, 2000.

The children were playing at the time, pretending that their fingers were guns and saying to one another, "I want to shoot you." Their words were overheard by classmates, who told teachers.

The suspensions, part of the district's "zero tolerance" policy on violence, came just two weeks after a Michigan first grader killed a classmate with a handgun he had taken to school.

The Garricks were the only parents to bring a civil suit against the district. They sought unspecified damages and wanted the suspension removed from their son's permanent record. The Garricks enrolled their child in private school after the incident.

The court ruled that the district had not violated the Garrick boy's rights to free speech and due process. It said there must be a balance between the "freedom to advocate unpopular and controversial views in the classroom" and "society's countervailing interest in teaching students the boundaries of socially appropriate behavior."

The superintendent of schools, Dennis Fyffe, called the ruling a victory for the district.

"These students were suspended under the school policy that deals with general school behavior," Mr. Fyffe told The Home News Tribune. "This was not cops and robbers."

Nisha N. Mohammed, a spokeswoman for the Rutherford Institute, a conservative Virginia-based nonprofit group that is representing the Garricks, said the parents were outraged by the ruling and were determined to appeal.

[dennisw]

I remember this one when it was posted here

[Jeff Chandler]

Oh, those wacky educators!

[LibWhacker]

The court ruled that the district had not violated the Garrick boy's rights to free speech . . .

Pointing your finger as you would a gun is not protected speech, but burning the flag is. I don't understand.

[C210N]

Does this mean that, unless the elementary school child has
a concealed-carry permit, he must NEVER put his or her hands in their pockets?

[Bobby777]

"when fingers are outlawed, only outlaws will have fingers"

(is it OK to use sarcasm, when replying to sarcasm? ... LOL)

[Bobby777]

seriously, America has gone insane ...

[The Duke]

Fools and their freedoms are soon parted.

[sarcasm]

is it OK to use sarcasm, when replying to sarcasm?

Is that like a double negative?

[Bobby777]

Fools and their freedoms are soon parted.

agreed ... but what to do? ... we need to toss the entire NEA, n'est pas?

[LTCJ]

As for those who meted out the punishment, stupidity hath its own rewards. May they come swiftly.

[ActionNewsBill]

Their words were overheard by classmates, who told teachers.

Nobody likes a tattle-tale!

[Bobby777]

I think so ... LOL ... or is it an adjective to a noun? ... or an adverb to a moniker? ...

it's late ... 8)

[dr_lew]

A few years ago I took two years of Japanese at our local community college. The ( Japanese ) instructor would occasionally "shoot" one of us with his finger as mock punishment for especial stupidity. Just think! I could have sued! I could be rich!

I have to say that, even at the time, I would think, "Wow, does he know what he's doing?"

O tempore! O mores!

[Smokin' Joe]

The children were playing at the time, pretending that their fingers were guns and saying to one another, "I want to shoot you." Their words were overheard by classmates, who told teachers.

The programming is almost complete.

[Bobby777]

you know, if the kid had a real gun with real bullets that would be one thing ... soon I imagine, America's students will be wearing Chinese gray uniforms, marching in lockstep to state-approved mantras ...

well, I'm stretching that a bit, but this is just silly ... like the kid who pointed a French Fry at a teacher ... imagine if it had been a Hot Pocket!

[Bobby777]

The ( Japanese ) instructor would occasionally "shoot" one of us with his finger as mock punishment for especial stupidity

thank goodness you survived! ... hehe ... good story though ...

[Bobby777]

bingo.

[bjcintennessee]

And the NEA doesn't understand why so many parents are choosing private or homeschools over public schools.

A finger gun? Geeze!

[c-b 1]

Nobody likes a tattle-tale!

True but sadly the government school system is indoctrinating the students to all be tattle-tales.