Kindergartener's suspension appealed to Supreme Court -

WNBC ^ | September 19, 2003

[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.

[jwalburg]

Boys are not allowed at school anymore. Only girls, or boys turned into girls.

[truthkeeper]

This is insane. Have these idiots NOTHING better to do??

[truthkeeper]

Read this one. At least it isn't California for once.

[truthkeeper]

I meant the suspension was insane. Oh, you know what I meant!

[Verginius Rufus]

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.

[Jaidyn]

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.

[StriperSniper]

I hope they take it, I would love to hear what Scalia has to say!

[Allegra]

Check this gag-reflex-inducing story out...

[novacation]

The Supreme Court? Insane. Must be one hell of a good kindergarden.

[Servant of the 9]

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

[4mycountry]

Ditto.

[4mycountry]

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.

[chiefqc]

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.

[TheDon]

Separation of School and State BUMP!

[humblegunner]

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.

[mtbopfuyn]

I've never met a school administrator who wasn't an idiot.

[Mr Rogers]

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".

[netmilsmom]

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.

[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!).

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..