Yearbook Gun Photo

[Lloyd Danforth]

Yearbook delay urged in gun-photo row


By BEVERLEY WANG, The Associated Press

Published: Thursday, Jan. 20, 2005

CONCORD - A high school senior on Wednesday asked a federal judge to delay publication of his yearbook until a case over whether he can use a photo of himself holding a shotgun as his portrait is settled.

Londonderry High School officials told Blake Douglass last year the photo could appear in the yearbook, but not as his portrait. Douglass sued, arguing the decision violated his freedom of speech and expression.

Besides the injunction request, U.S. District Judge Steven McAuliffe also must consider whether a new policy the school board adopted last week - to ban all props from senior photos - should apply to the 2005 yearbook.

Penny Dean, Douglass? lawyer, argued on Wednesday that the new policy was enacted specifically to block her client?s photo. An earlier policy made only general restrictions against libel, obscenity and discriminatory content.

The new policy bans all props, political ads and anything promoting alcohol, drugs and tobacco.

But James Elefante, the school principal, denied that the policy targeted Douglass, saying it was created to eliminate confusion over the types of photos allowed in student publications.

The yearbook?s publishing deadline is in mid-April.

During the hearing, McAuliffe questioned school board lawyer Russell Hilliard why - if the photo was not appropriate as a senior portrait - it would be acceptable in another section of the yearbook.

?To me that just totally confuses the issue,? McAuliffe said.

Douglass? legal battle began after the photo - which shows him kneeling with a broken-open shotgun draped over his shoulder - was rejected by school officials, who had offered to include it in a specially created ?community sports? section.

On Wednesday, McAuliffe also questioned whether the photo really was inappropriate.

?Honestly, what reasonable person is going to look at the photo and think the school likes guns? The message is, ?This kid likes to shoot skeet,?? McAuliffe said.

The judge also noted that a far more politically charged quote - ?From my cold dead hands,? from National Rifle Association past president Charlton Heston - was not struck from Douglass? senior message.

McAuliffe also had tough questions for Dean, asking her to explain why the rejection of the photo and policy change rise to the level of constitutional violations.

Dean said the school applied its rule unevenly, targeting her client?s photo based on its content. She believes enacting a new policy on student publications midway through the school year and one week before the court hearing shows the school board?s actions were motivated by the Douglass case.

?It?s all about the fact that they don?t like the gun,? Dean said. ?They are trying to remove due process rights and get the court to sanction them.?

[Kat Kanning]

That same reporter has written some nice articles about the FSP.

[Dave Ridley]

To see a massive discussion about this story head to:

http://forums.ibsys.com/viewmessages.cfm?sitekey=man&Forum=427&Topic=11152

The posts by Dave24 may sound similar to those written by a certain Mr. Orwell...

[Dave Ridley]

I got a chance to meet Blake and his dad today at a school board meeting in Londonderry.   There the board discussed detailed changes to the school  "picture policy" and, as expected they voted in a wordy new set of rules which should cause a bit of annoyance to future students.   Long after he is forgotten, I suspect there will be gnashing of teeth over the many new things students are banned from doing and showing in their yearbook photos.   He's triggered an overreaction that I'm guessing will undermine support for the school.

However one thing that disturbs me...

When I was in high school, I wasn't exactly shooting up heroin but I knew how to rebel against school authorities and yank thier chains.   
That healthy spirit of rebelliousness...I have never seen a group of high schoolers who so lacked it.  Over a dozen of them, one after another...stood before their school board and praised it, eagerly supporting the extra restrictions they will now have to live under.  Some of them denounced Blake by name... Not a one came to his defense, only an elementary student and about half the adults who spoke.  I went ahead and spoke, mentioned that I'm from Keene and said normally I would not consdier Londonderry school policy my business.  However my state and federal tax dollars support Londonderry schools, so everything that happens here *is* my biz.    Then I kind of rambled, asking what has become of us that we must squash the most innocent images of the very tools that allowed our Founders to gain their freedom.  I said it made me sad.   I paused a couple times and probably sounded emotional! 

Oh I also said Blake is one of my heroes....but I wish I had said it takes courage to stand up against your peers.

I did say something to the effect that there was a bandwagon mentality.

Anyway nothing eloquent this time but I planted the flag. The board members were nice and professional mostly, but while Blake's attorney was speaking one of the scared-of-guns ladies started talking really loud behind me.  I told her "I can't hear the speaker."  She got insta-nasty and told me since I was from Keene I could move to a different part of the auditorium.  I told her I was fine where I was, and she piped down. 

I learned tonight that Blake's story has been on the national news and that every day board members get e-mails from all over the country about this.

I told Blake please stay in NH we need folks like you to STAY!

[Dave Ridley]

Oh also I forgot, the Union Leader and another paper I can't remember were both at the meeting.  They interviewed me and lots of other folks.

[Kat Kanning]

Awesome work, Dave!  Man, you were all over yesterday, saving the world

[Dave Ridley]

Union leader article on the meeting:

http://theunionleader.com/articles_showa.html?article=49551

[GT]

The Londonderry School Board has been against Mr Douglass since the begging. The articles in the Union Leader have shown an ever evolving defense from the School Board. According to the first articles the photo was originaly accepted by the student editorial staff. After a meeting with the school administration the staff opted to reject the photo. During the official meeting to ban the photo the School Board would not allow any public input and would not allow Blakes Attorney to review the history of the issue. The School Principle was allowed to give the school districts side of what happend. I attended the meeting on the 24th with my son. We were amazed at the onsided attack of Blake. Thanks to DadaOrwell for showing support for Liberty from Keene.

[AlanM]

GDouglas, thanks for standing up for Liberty. You have exposed the hypocrisy of the Scool Board, and hopefully caused people to start thinking about Freedom. Step by step, we will take our Liberty back.
Alan

[Dave Ridley]

Thanks for coming by the forum GD!   I meant to find you and invite you here but I think you were gone by the time I went looking for you.   I invited the Douglasses here and am glad you found it on your own!

Keep hanging out with the Underground and you will have plenty of opportunities for striking back at the GovMonster....or you can start your own here too.

[GT]

So what is the consensus on the whole photo / yearbook issue?

From what I understand the School is continueing to drag it legal feet. I would guess this is a direct attempt to pressure Blake to drop the lawsuit. From the kids that spoke at the meeting they could care less about freedom, as long as they get their yearbook. The closer they get to the publication deadline the more they are going to push Blake to drop the suit.

Personaly I hope he fights this and wins. Unfortuneately the taxpayers of Londonderry get the bill. The School Board doesn't seem to have a problem spending lots of money on lawers to get thier way. From some of the limited minutes of the school board meetings their is quite a lot of "Legall Issues" being discussed. They have at least two lawers discussing the case with the board in non-public session.