The IUSB Vision Weblog

The way to crush the middle class is to grind them between the millstones of taxation and inflation. – Vladimir Lenin

Aurora Colorado School Suspends 5th Grader for Wearing Anti-Obama Shirt

Posted by iusbvision on September 23, 2008

Another lawwuit that a shool will lose. Another group of leftist administrators who have no regard for freedom of political speech.

The school says that the T-Shirt was a distraction. Nice try, it is just a shirt, not much different than the black armbands case in during the Vietnam War (Tinker v. Des Moines). It was not a school sponsored speech event where it was the school speaking and not an individual student and did not promote illegal behavior (Morse v. Frederick), it was not packed with sexual innuendo that is a distraction in a public school (Bethel School District v. Fraser), the message did not contain obscenities. It is pure political speech by an individual student. It is the MOST protected form of speech. The school encouraged students to wear patriotic kinds of speech that day so they were inviting a political message, so it was all about content.

My advice to this young man and his family: sue them and make them pay and make them face public humiliation for it. 

Now the school has changed it’s tune and says that suspending the student had nothing to do with the shirt, but it was about disobedience because he would not take the shirt off…. and no sane judge or member of any jury is going to buy such a preposterous argument.

Take them to the cleaners kid, you are right.

Hotair.com comments here and they take a similar take. Malkin too.

In honor of the Aurora School District I bequeeth to power hungry, control freakish, elitist, law breaking and foolish administrators a proper tribute…

2 Responses to “Aurora Colorado School Suspends 5th Grader for Wearing Anti-Obama Shirt”

  1. Grant said

    You might take a look at New York Times Co. v. Sullivan, you might find that the school has a better case than you think. That doesn’t even consider the fact that 1st amendment rights are usually waived at a school ie pot shirts, beer shirts, “Make 7 – Up Yours”….etc. The father should be braught up on libel charges, but I am glad you find this to be the hot topic, $700 billion is nothing to post on however.

    [Grant,

    Thanks for the post. If you google my name, you will see that I am VERY well versed in this area of law, even for a non-lawyer my knowledge of this subject is likely expert. The test for libel is very clear and one of those tests is truth. Can it be shown that the statement the boy made was demonsterably true. Think about it, Obama’s political career was started at the home of a known, unapolegetic terrorist. Hamas and other terror groups have said that they wish to see Obama elected. Obama’s party opposed almost every step the President and Congress has taken to keep us safe since 9/11 which has been shown by history to be effective. Obama has campaigned on reducing our military strength early in the primary. So if a fifth grader thinks that Obama would be a friend to terrorism a genuine case can be made that the boy is correct.

    Also I addressed all of the objections you raised in the post and cited the court cases that cover them…..obviously you did not read them. I have news for you, statements of opinion are immune from libel.

    By the way I think I have 7 posts on the financial scandal that your friends in the Democratic Party benefitted from. If you care to debate any of this with me point by point, consider this an invitation to make your best crack at it…. good luck, you’ll need it… and if you wish to debate law with me, you will need a whole lot more than just luck.

    They do teach communications law where you go to school in Wyoming. Take that class and get back to me. Here is the link http://uwadmnweb.uwyo.edu/REGISTRAR/BULLETIN/cmjr.html – Editor]

  2. renaissanceguy said

    I have also written about this case on my blog.

    Note the case of the students who wore anti-Bush shirts and were supported by the ACLU. The schools in those cases backed down.

    http://www.cbsnews.com/stories/2005/12/13/national/main1123854.shtml

    [Thanks, the Indiana ACLU would defend this kid, they have been great to IUSB. I have no idea how good the chapter is in Colorado. This kid needs to contact the Foundation for Individual Rights in Education at http://www.thefire.org. Nice blog by the way, stop by any time.

    His posts are here:

    http://renaissanceguy.wordpress.com/2008/09/24/free-speech-in-schools/

    http://renaissanceguy.wordpress.com/2008/09/24/t-shirts-in-schools/

    – Editor]

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