Posted on 01/02/2003 8:46:10 AM PST by The Other Harry
Dec 31, 2002
Judge rules student can't wear NRA shirt
By KATE ANDREWS
Daily Progress staff writer
A federal judge ruled Tuesday that a Jack Jouett Middle School student cannot wear a National Rifle Association T-shirt to school while his civil suit against the Albemarle County school system is pending.
School officials celebrated U.S. District Judge Norman K. Moon's decision, which poked holes in all of the plaintiffs' constitutional arguments.
Moon wrote that Jouett seventh-grader Alan Newsom would not suffer "irreparable harm" by not being allowed to wear the T-shirt, which school officials forced him to turn inside out in April. The shirt bears silhouettes of gunmen and the words "NRA Sports Shooting Camp."
The NRA filed suit against the school system in September, representing Alan and his father, Fred Newsom. Moon heard arguments on the preliminary injunction from the county and the NRA on Oct. 2.
The plaintiffs' case, Moon wrote, is unlikely to succeed on the merits of several constitutional issues, including the freedom of expression protected by the First Amendment.
The suit, which names Albemarle School Board members, superintendent and school principal, will be heard in July.
School Board attorney Mark Trank said the county is weighing its options and may file for a summary judgment, which would end the matter without the judge's hearing the full case.
Moon pointed out weaknesses in the plaintiffs' arguments that Alan Newsom's freedom of speech, due process and equal protection rights were violated. He also stated his support of the school system.
"The Court is in no position to substitute its judgment for that of experienced and seasoned educators in determining what students should be allowed to wear to school," he wrote.
"We were very pleased with it," Trank said Tuesday afternoon of the ruling. "I believe that the court has correctly interpreted the law and the facts as they relate to educators. This is a very positive decision from the judge."
Fred Newsom said he and his son have not ruled out an appeal, which must be filed in the next 30 days.
"That has not been decided," Newsom said Tuesday. "I don't think the school administrators can do whatever they want in all cases. I don't buy that."
The NRA continues to represent the family, Newsom added.
County schools' policy allows principals to enforce a dress code, which prohibits students from wearing clothing depicting violence and weapons, Moon wrote. Alan Newsom has been allowed to wear other NRA shirts without protest from school administrators.
Fred and Alan Newsom held out some hope Tuesday.
"Alan is disappointed but understands this is just a ruling on a preliminary hearing and not on the substance of the case itself," Fred Newsom said. "Anything can happen in a court of law."
It is, at least, nice to see how the reporter got right to the heart of the matter: "School officials celebrated U.S. District Judge Norman K. Moon's decision, which poked holes in all of the plaintiffs' constitutional arguments."
Holes. Holes that were readily and no doubt very easily poked. In *all* of the plaintiffs' constitutional arguments. Every one.
The school officials must have really yucked it up afterwards. They probably had a party (at taxpayer expense, of course). When it comes to guns, how can anyone be so stupid as to think they have a constitutional right to free speech? Next thing you know, the ignorant bastards will be claiming that unborn babies are human beings, and that people have a right to privacy in their homes.
These people should all be riding buses.
What we need to do here, Gert, is to make some decisions about condoms. Which ones are the best, how to get the wrappers off with your teeth while in the dark, how to un-hook a brassiere with one hand, things like that. Education needs to be made more relevant.
Pass me another donut. Or is that doughnut? Hardy har. It has a whole in it two. Or is that to.
Who really gives a sh*t one way or the other? Ssshhh!
Hic!
Did you get the statement of your retirement benefits last week? Me and David got ours. We think their all f*cked up. Or is that there? The dental benefits were supposed to be $100,000 a year.
Hic!
Jesus. I lost track of time. It's nearly 3:00. I need to get to Target. I also need to get the oil changed on the BMW.
This also is nice, tight logic on the part of the reporter: "School Board attorney Mark Trank said the county ... may file for a summary judgment, which would end the matter without the judge's hearing the full case."
It is the filing of the motion itself that would "end the matter". A ruling on that motion would be a purely perfunctory step which could -- and probably should -- be dispensed with altogether. Makes sense to me.
One is given to wonder, however, how this same judge's opinion about the applicability of constitutional law in the public school system would come to bear -- or is that bare? -- if that same principal tacked up a copy of the Ten Commandments in the school hallway.
I'm willing to bet Judge Moon wouldn't think too much of that. I'm willing to bet a lot on that. I'd be willing to bet everything I have.
This seems reasonable on his part. Something like *that* would, after all, obviously involve irreparable harm to the children.
It would likely also interfere with their condom classes. No can do that one.
The real bottom line here, Gert, is that for the good of Western Civilization, homeschooling must be made illegal.
If this kid's t-shirt pictured two sodomites copulating, the fed judge would have ruled it an "exercise covered by free speech," and permitted him to wear it.
Take the picture below and edit out the small lettering and then silkscreen it on a t-shirt. When the kid wears it to school, they can whine and complain all they want - it's not the logo of the National Rifle Association. When the school tries to enforce the court order, they'll get egg on their faces, courtesy of the National Recovery Act eagle.
shhh....! if they figure this out they will be changing the name of the school to the malcom x learning center or the Karl Marx institute for lower learning.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.