Free speech in school

[KBCraig]

Horrible ruling, apparently contrary to the case law upon which it's based.


http://unionleader.com/article.aspx?headline=Court+backs+censorship+by+schools&articleId=415164b5-66e6-4e24-b9a3-1e6930c24b1d

Court backs censorship by schools

By JOHN WHITSON
Union Leader Staff
13 hours, 9 minutes ago

A U.S. District Court ruling Wednesday backed schools? rights to censor symbols and messages worn by students while possibly striking a blow against free speech.

Chief Judge Steven J. McAuliffe, in a summary judgment decision, ruled in favor of Governor Wentworth School District of Wolfeboro in its lawsuit against a Kingswood Regional High School student and his parents.

Lawyers on both sides of the case say it has First Amendment implications.

After suspending Paul Hendrickson Jr. during the 2004-05 school year for repeatedly wearing an ?anti-Nazi? patch on his clothing, the school district filed a lawsuit to clarify its legal responsibilities.

High school officials suspended Hendrickson because they felt his wearing the patch was a taunting gesture aimed at a specific group of students. Hendrickson and his friends, according to the lawsuit, repeatedly clashed with the other group.

McAuliffe?s decision refers to one group as the ?gay students? and the other group as the ?rednecks.? As background to his 43-page decision, McAuliffe says circumstances at Kingswood Regional in Wolfeboro were ?anything but ordinary? in 2004-05 and he describes a tension-filled school on the verge of a violent disruption.

McAuliffe outlines alleged threats of violence by Hendrickson?s group ? a telephone call threatening to burn down a house and an Internet message threatening to carve initials into a student?s head. The court ruling also describes members of the ?redneck? group taunting, bullying and saying ?Sieg Heil? to members of Hendrickson?s group as they passed by in hallways.

Kingswood Principal Paul MacMillan referred to the cafeteria as the ?DMZ? (demilitarized zone) because tension between the groups was ?so palpable,? wrote McAuliffe.

Hendrickson, contacted Thursday, disputed those characterizations. He said the two groups didn?t get along, that there was tension but little more.

He said his patch, which depicted a swastika with a red circle and diagonal line superimposed over it, was simply meant to promote tolerance. It had been months since there had been trouble between the groups when he wore the patch that spring, he said.

?If I wanted to provoke a fight, why would I do it with a little patch, and why would I wait three months?? said Hendrickson.

But in McAuliffe?s decision Hendrickson is quoted telling Superintendent of Schools John Robertson he ?wanted to get into their faces? by wearing the patch.

MacMillan told Hendrickson and at least two of his friends several times they would be suspended if they kept wearing the patches. After a period of time the others removed the patches. Hendrickson didn?t.

After showing up at school with the patch several more times and being voluntarily removed by his mother, Hendrickson left school for a while then finished the school year at Kingswood wearing a patch that read, ?Censored for Now.?

Stephen Borofsky, the lawyer representing the Hendricksons, said he?s surprised by the decision. Case law, he said, tends to support students? rights to wear clothing that sends provocative messages as long as it?s not disruptive.

?Certainly if you?re saying something that has political content, ?I?m against the war in Vietnam? or ?I?m against the war in Iraq,? even though that may irritate people, I think the First Amendment says you still get to say that. Even on school grounds, as long as its not disruptive,? said Borofsky.

?Paul?s patch was saying, ?I?m against what the Nazis stand for. I?m for tolerance.? That?s what he wanted to promote. We certainly felt that it wasn?t disruptive.?

Borofsky said McAuliffe?s repeated references to a 1969 case, Tinker v. Des Moines Independent Community School District, is interesting. That case, said Borofsky, upheld the right of high school students to wear black arm bands protesting the Vietnam War in schools that were populated by the sons and daughters of soldiers.

That scenario, he said, seems much more disruptive to a school?s environment than Hendrickson?s ?anti-Nazi? patch.

Robertson said Thursday the court had to balance free speech and school safety and he?s glad it tipped his way.

?I?m pleased that the judge supported us in trying to create a safe school atmosphere,? said Robertson. ?We?re very much for promoting tolerance, but you can?t promote tolerance by creating intolerance.?

Robertson said the tense environment didn?t carry over to this school year. But last year?s situation, he said, was serious enough to provoke discussion among administrators of recent outbursts of school violence across the country and how Kingswood could avoid a similar fate.

?There were enough kids involved that it gave us great concern. You?ve got to intervene if you recognize these tensions,? said Robertson. ?Had we lost the case . . . would I do it again? Yes, I would, because our duty is to protect those kids.?

John Sherman, Governor Wentworth?s lawyer, said he?s eager to see whether the case is appealed to the First Circuit Court of Appeals.

?The First Circuit has really never addressed an issue identical to this case, so it will be interesting to see what happens if they do appeal,? he said, ?but I think the judge?s decision was pretty strong.?

Sherman said the school district made his job easier by holding many meetings with the students and their parents and keeping good records of those meetings. He said he thought that bolstered the district?s case that Hendrickson?s patch, even though is opposed a hate group, could provoke a violent response.

?It?s difficult to say whether this will have a broad application,? said Sherman, adding that he hopes it will be used as a guideline by other schools.

Borofsky said he finds the case unique because the lawsuit was filed not by the Hendricksons but by the school district. ?I?ve never been in a position of being a defendant in one of these cases,? said Borofsky. ?That, of itself, is bizarre.?

Borofsky said he and the Hendricksons haven?t decided whether to appeal. ?I?m hopeful that they will want to take it to the First Circuit,? he said. ?I do think it?s an important decision.?

The superintendent of schools couldn?t agree more.

?Clearly, in school we don?t want to in any way infringe on free speech and individual rights,? said Robertson. ?Golly, we need to teach that.?

[aries]

Rednecks? We call them hicks at my school.

Free speech doesn't exist in schools. Only people who decide not to punish you for using it sometimes. For instance there is one class that I can't use the word "gay" in. Anybody who says it gets in trouble. Why? Because the teacher has a gay brother. I once asked him why we couldn't say it, and asked if he was ashamed (He always talks like he's very proud of him), he just told me to shut up.

Of course half the kids think that free speech can involve other people's property - I think that we have the highest student to anarchist symbols and swastikas carved into chairs. Odd contrast, since anarchy implies lack of government and the swastika was used as the symbol of Hitler's socialist party.

[lildog]

http://thefire.org/

This is a group dedicated toward student rights.  They thrive on stuff like this

[Dave Ridley]

Just got off the phone with Paul (Jr.) and thanked him for what he did standing up for his rights, invited him to NHfree.com, where I hope he will appear shortly, speak for himself and bring friends!

[1984IsNow]

Heeeeeello fellow catalysts of change.
My name is Paul (yes, the paul that article was about) and I'd first like to say that without people like the ones I have already seen on this site, the pestilence of apathy spreading like the flu through the citizens of our country could really never hope to find an end. 
Now, on to a short update.

As I'm sure you can already assume, I am less than satisfied with the decision on this court case.  The order came as a shock to me, and everyone else I have informed of it thus far.  That's alright though.  Since finding out, I've really been re-motivated to stir things up a bit more.  Things calmed down a lot durring the inactivity of court, when it was really just a waiting game for a few months.  I plan picking up the activity a lot in the near future.
I am hoping for an appeal, and I know my lawyers are hoping that my family and I decide for one, as well.  Right now, I am really just weighing the sides and possible achievments.  This is definitely not ending here.

Anyway, if any of you are interested in reading the actual full Order from the court (it's 42 pages of inaccuracies, half-truths and slander that I found myself yelling at the computer screen for a while at), I'd be more than happy to share it, just make a post requesting it and leave your e-mail address or something.

[AlanM]

Welcome to the Underground, Paul. 

[aries]

Welcome Paul!

Any plans on wearing that patch into school anymore? Oh... can you tell me where they're sold? I'm in HS myself and I'd love one to prominently display.

[Thespis]

The superintendent of schools couldn?t agree more.

?Clearly, in school we don?t want to in any way infringe on free speech and individual rights,? said Robertson. ?Golly, we need to teach that.?

Golly.

[1984IsNow]

Very happy to be here, thanks.

As for where you can buy them.. Actually I'm not completely sure.  Mine was actually bought for my by a friend in boston.  I'll comb through various internet sites and see if I can't dig up a few places to order them from.  An old white t-shirt you can cut up and a black and red sharpie also do the job well.

Golly gee wilickers, free speech in school is dandy, don-cha-know!

[1984IsNow]

http://www.asianmanrecords.com/basket/patches2.html

you can order one there.

[AlanM]

Free speech in public schools is not my goal. My goal is to eliminate tax-payer funded public schools entirely.

[Dave Ridley]

John Robertson, Superintendent of Schools

    GWRSD
    P.O. Box 190, 140 Pine Hill Rd
    Wolfeboro Falls, NH 03896

   

    phone: (603) 569-1658
    fax: (603) 569-6983
    sau49@govwentworth.k12.nh.us


called him, left a complaint and my number on his secretary's voice mail.

[KBCraig]

The superintendent of schools couldn't agree more.

"Clearly, in school we don't want to in any way infringe on free speech and individual rights," said Robertson. "Golly, we need to teach that."

Golly.

George Orwell would be dumbfounded at the level of doublespeak we've seen lately. The part you quoted also jumped out at me. And then just yesterday, as the Kansas governor vetoed a concealed carry law, she stated, "I support the Second Amendment and the right of our citizens to keep and bear arms. (. . . ) Because of opposition from law enforcement and business leaders, I cannot support allowing hidden weapons into businesses, restaurants, malls and any number of other public places."

Reminds me of a NYC jail chaplain who was suspended recently for criticizing Bush. The mayor, in explaining his decision to fire the man, launched into a long spiel about how he had to fire the man, because it was so important to protect free speech.

Gee golly George. Orwell, that is.

Kevin

[Dave Ridley]

Wolfeboro is pretty far from my stomping grounds but it would be fun to have a protest where a few of us show up outside the jailschool before class with those patches on, hand them out to students LOL..

invite the media, etc.

[AlanM]

The superintendent of schools couldn?t agree more.

?Clearly, in school we don?t want to in any way infringe on free speech and individual rights,? said Robertson. ?Golly, we need to teach that.?

Golly.

George Orwell would be dumbfounded at the level of doublespeak we've seen lately. The part you quoted also jumped out at me. And then just yesterday, as the Kansas governor vetoed a concealed carry law, she stated, "I support the Second Amendment and the right of our citizens to keep and bear arms. (. . . ) Because of opposition from law enforcement and business leaders, I cannot support allowing hidden weapons into businesses, restaurants, malls and any number of other public places."

Reminds me of a police chaplain who was fired recently for criticizing Bush. The chief, in explaining his decision to fire the man, launched into a long spiel about how he had to fire the man, because it was so important to protect free speech.

Gee golly George. Orwell, that is.

Kevin

And this surprises you, Kevin? It's done all the time. Too many people don't pay attention to what politicians do. Only what they say. For instance, Clinton said he was a Centrist. He didn't act like one. He merely claimed to be one. Dubyah claims to be a "compassionate conservative" but I haven't seen any compassion in his actions, except maybe to his monied friends.