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Kindergartener's suspension appealed to Supreme Court -
WNBC ^ | September 19, 2003

Posted on 09/20/2003 10:35:11 AM PDT by UnklGene

Kindergartener's Suspension Appealed To Supreme Court

Playground Gunplay Case Goes To High Court

POSTED: 8:35 a.m. EDT September 19, 2003

SAYREVILLE, N.J. -- Lawyers representing the family of a boy suspended from kindergarten after a playground game involving make-believe guns have asked the U.S. Supreme Court to consider the case.

The Rutherford Institute, a nonprofit group focused on First Amendment and religious freedom cases, announced the appeal on Thursday.

According to The Rutherford Institute, four kindergarten boys at Wilson Elementary School were playing cops and robbers during recess in March 2000, using their fingers as guns.

The boy represented by the institute allegedly said, "I have a bazooka, and I'm going to shoot you."

Another student told a teacher, and the four boys were each suspended for three days. The Rutherford Institute filed a lawsuit, seeking to have the suspension expunged from one boy's record.

The institute argues the boy's constitutional rights to free speech, procedural due process and equal protection of law were violated by the school. But the 3rd U.S. Circuit Court of Appeals disagreed, dismissing the lawsuit this June.

Institute President John W. Whitehead said when public schools think children "playing cops and robbers on the playground are engaged in threatening and dangerous activity, one wonders whether it is the children or the adults who can't tell the difference between fantasy and reality."

Dennis Fyffe, superintendent for Sayreville's school district, did not immediately return a telephone message left at his office.


TOPICS: Crime/Corruption; Culture/Society; Government; US: New Jersey
KEYWORDS: 3rdcircuit; boys; childhood; copsandrobbers; kindergarten; playground; rutherfordinstitute; scotus

1 posted on 09/20/2003 10:35:12 AM PDT by UnklGene
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To: UnklGene
Boys are not allowed at school anymore. Only girls, or boys turned into girls.
2 posted on 09/20/2003 10:44:27 AM PDT by jwalburg (The Democrats are trying to overturn the results of free enterprise)
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To: UnklGene
This is insane. Have these idiots NOTHING better to do??
3 posted on 09/20/2003 11:07:41 AM PDT by truthkeeper
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To: novacation
Read this one. At least it isn't California for once.
4 posted on 09/20/2003 11:09:00 AM PDT by truthkeeper
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To: UnklGene
I meant the suspension was insane. Oh, you know what I meant!
5 posted on 09/20/2003 11:10:38 AM PDT by truthkeeper
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To: UnklGene
I'm sure this is what the Framers had in mind when they created the Supreme Court. They foresaw the need for a body to rule on questions like this one.
6 posted on 09/20/2003 11:13:16 AM PDT by Verginius Rufus
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To: jwalburg
Boys are not allowed at school anymore. Only girls, or boys turned into girls. I don't think so. My granddaughter was kicked out of preschool at the age of 3 for biting a little boy who hit her. She denied it, though admits to hitting him. The teacher said she knew Sammy bit the boy because their was a wet spot on his shirt. When Sammy was a year old, she lost her two top front teeth in an accident so there were no teeth marks. Who knows? Who cares except for the teacher. Now, she is in kindergarten and doing great. She's not a bully but she certainly isn't a pushover, either.
7 posted on 09/20/2003 11:13:28 AM PDT by Jaidyn
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To: UnklGene
I hope they take it, I would love to hear what Scalia has to say!
8 posted on 09/20/2003 11:14:37 AM PDT by StriperSniper (The slippery slope is getting steeper.)
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To: humblegunner; Eaker; TexasCowboy
Check this gag-reflex-inducing story out...
9 posted on 09/20/2003 11:20:21 AM PDT by Allegra
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To: truthkeeper
The Supreme Court? Insane. Must be one hell of a good kindergarden.
10 posted on 09/20/2003 11:38:58 AM PDT by novacation
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To: UnklGene
No one should be taking anyone to the Supreme court over this, but someone certainly needs to take the School Board to Fist City.

SO9

11 posted on 09/20/2003 11:41:50 AM PDT by Servant of the 9 (The voices tell me to stay home and clean the guns.)
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To: truthkeeper
Ditto.
12 posted on 09/20/2003 11:47:13 AM PDT by 4mycountry (You say I'm a brat like it's a bad thing.)
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To: netmilsmom
Lawyers representing the family of a boy suspended from kindergarten after a playground game involving make-believe guns have asked the U.S. Supreme Court to consider the case.

FYI ping for a FReeper mom.

13 posted on 09/20/2003 11:49:52 AM PDT by 4mycountry (You say I'm a brat like it's a bad thing.)
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To: UnklGene
Institute President John W. Whitehead is in the wrong position I believe that he should be in kindergarten.

Perfect example of a brain on vacation.

14 posted on 09/20/2003 11:56:41 AM PDT by chiefqc
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To: UnklGene
Separation of School and State BUMP!
15 posted on 09/20/2003 12:02:19 PM PDT by TheDon (Why do liberals always side with the enemies of the United States?)
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To: Allegra; Eaker; TexasCowboy
Holy Crow! That is one of the most ridiculous things I've ever heard!

What are kids supposed to play now, pretend gardening or something?
We had all manner of graphic (pretend) mayhem going on in school and ya know what?

It was fun and stimulating and normal and not a one of us wound up being a serial killer.

Well, there was that kid Wayne, but we didn't like him.

16 posted on 09/20/2003 12:02:29 PM PDT by humblegunner (Preparedness pays.)
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To: UnklGene
I've never met a school administrator who wasn't an idiot.
17 posted on 09/20/2003 12:03:26 PM PDT by mtbopfuyn
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To: Jaidyn
FWIW - my daughter was sent to the principal's office her first day in kindergarten for punching and choking a boy. However, since the teacher said the boy started it, she wasn't punished - only told not to fight. No idea what happened to the boy who got beat up his first day - he'll probably end of advising folks in the "Queer eye for the straight guy 25th anniversary special".
18 posted on 09/20/2003 12:05:52 PM PDT by Mr Rogers
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To: 4mycountry
Thanks FRiend!
This is insane!!!
There was a boy in my daughter's kindergarten class last year who caused three different injuries to other kids. One was a cut of a boys hand to the web between the index finger and thumb. We couldn't pay to get this boy a suspension.
The world is going nuts.
19 posted on 09/20/2003 12:10:43 PM PDT by netmilsmom (I may hide, but I never leave!)
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To: humblegunner
When we weren't playing cops and robbers or cowboys and indians, we were playing army with sticks for guns and dirt-clod 'grenades' (no rocks!).

Out of that class, one Navy SEAL, one USMC Sargeant Major, a scientist, farmers,at least one commercial fisherman, and I haven't kept track of all the rest. No mass murderers, though..

20 posted on 09/20/2003 12:12:07 PM PDT by Smokin' Joe
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To: humblegunner; Eaker; TexasCowboy
It was fun and stimulating and normal and not a one of us wound up being a serial killer.

Well, there was that kid Wayne, but we didn't like him.

Ummmm...Henley?

21 posted on 09/20/2003 12:14:43 PM PDT by Allegra (Testing Age on This One...)
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To: Smokin' Joe
When this was first reported, one of the jokes about it was,"the kids that were playing cops had been suspended with pay, until internal affairs completes an investigation."
22 posted on 09/20/2003 12:22:13 PM PDT by Ed Condon ((See other side))
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To: Smokin' Joe
Out of that class, one Navy SEAL, one USMC Sargeant Major, a scientist, farmers,at least one commercial fisherman, and I haven't kept track of all the rest.

We had a pair of Border Patrol Officers, one cop, one pilot, two shippers and a Marine.
Oh, and a rancher, as well.

We even had game involving one team having to be "Charlie"..
Charlie always got waxed but that was their job.

How very un-PC of us to profile the North Vietnamese that way.

23 posted on 09/20/2003 12:24:49 PM PDT by humblegunner (Preparedness pays.)
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To: Smokin' Joe
When we weren't playing cops and robbers or cowboys and indians, we were playing army with sticks for guns and dirt-clod 'grenades' (no rocks!).

We used bb guns, but only from a distance, and none of us became criminals either (that I know of).

24 posted on 09/20/2003 12:24:50 PM PDT by raybbr
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To: Smokin' Joe
I remember dirt clod grenades! Those were great! Unconstitutional, but great!
25 posted on 09/20/2003 12:30:22 PM PDT by jwalburg (The Democrats are trying to overturn the results of free enterprise)
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To: Allegra
Nah, not him..

He was 'way older and had a car. He had trouble spelling "sincerly"
and he would have gone postal over "seriesly"...and I think that's what messed him up for life.

I meant his brother, Nelson Wayne.

"Wayne the pain, he makes it rain,
he's gone insane poor Wayne the pain"

26 posted on 09/20/2003 12:41:05 PM PDT by humblegunner (Preparedness pays.)
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To: jwalburg
We especially enjoyed the puff of dust when the clod came apart on impact.. Our opponents included everyone from the Wehrmacht to the even less PC "gooks", but when we were playing, a bottle of Coke was a dime, a hershey bar was a nickel, and penny candy abounded.
27 posted on 09/20/2003 12:41:39 PM PDT by Smokin' Joe
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To: humblegunner
But what happens to the first boy who asks to borrow the "hoe"? Sexual Harassment?
28 posted on 09/20/2003 12:56:27 PM PDT by BiffWondercat
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To: Allegra; humblegunner; TexasCowboy
Hard to believe that after 44 years I have murdered nobody. I have taken up arms, but have never committed murder.

Playing "army" as a kid has come in handy more than once when calculating the next move of an untrained individual. They make the same mistakes as adults as they did as kids.

Thanks for the ping Allegra!



29 posted on 09/20/2003 1:17:35 PM PDT by Eaker (Amateurs built the Ark, professionals built the Titanic.............hmmmmmmmmm ;<)
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To: BiffWondercat
But what happens to the first boy who asks to borrow the "hoe"? Sexual Harassment?

He'll probably be slammed into readjustment and sensitivity therapy.

Counselling, medication, special classes, indoctrination...


30 posted on 09/20/2003 1:24:55 PM PDT by humblegunner (Preparedness pays.)
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To: UnklGene
...four kindergarten boys at Wilson Elementary School were playing cops and robbers during recess in March 2000, using their fingers as guns.

I'll bet if they were all caught putting condoms on their fingers they would have been promoted to First Grade!

31 posted on 09/20/2003 2:33:56 PM PDT by Gritty
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To: UnklGene
Oh, brother! We played with the dried dirt clods, too--WHEN WE WERE LUCKY ENOUGH TO HAVE THE BOYS LET US GIRLS IN! What's this world coming to? This is even worse than the Chicken Finger Suspension incident.
32 posted on 09/20/2003 4:26:25 PM PDT by lorrainer (Oh, was I ranting? Sorry....)
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To: UnklGene; Barney Gumble
I love New Jersey. Can you imagine the reaction on Teddy Roosevelt's face if you told him back in 1900 that a little boy was suspended from school for playing Army in the playground and the appeal went all the way to the Supreme Court?
33 posted on 09/24/2003 11:37:26 AM PDT by jjm2111
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