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8th grader who wore NRA shirt to school now facing possible jail time
Hotair ^ | 06/22/2013 | Jazz Shaw

Posted on 06/22/2013 10:58:08 AM PDT by SeekAndFind

We first brought you coverage of this story back in April, and as shocking as it was, I’d assumed we’d pretty much heard the end of it. In case you missed it, here’s the short recap:

When 8th grade Jared Marcum got dressed for school on Thursday he says he had no idea that his pro-Second Amendment shirt would initiate what he calls a fight over his First Amendment rights.

It was the image of a gun printed on Jared’s t-shirt that sparked a dispute between a Logan Middle School teacher and Jared, that ended with Jared suspended, arrested and facing two charges, obstruction and disturbing the education process, on his otherwise spotless record.

By the end of the story, Jared was back in school and his parents were working with local authorities to get this incredibly stupid exercise in oppression off of his record. That should have been the end of it, but apparently the local powers that be are planning to take this situation to its illogical extreme.

Suspended and arrested after refusing to change his NRA shirt. Today, 14-year-old Jared Marcum appeared before a judge and was officially charged with obstructing an officer.

A $500 fine and up to a year in jail, that’s the penalty that Jared could face, now that a judge has allowed the prosecution to move forward with it’s obstructing an officer charge against him.

“Me, I’m more of a fighter and so is Jared and eventually we’re going to get through this,” Jared’s father Allen Lardieri said. “I don’t think it should have ever gotten this far.”

Jared’s dad is being a lot more calm and reasonable about this than I think I could manage, but that’s probably to the boy’s benefit. At this point, the “defense” is still treating it as a misinterpretation of school policy, and not some sort of civil rights violation. But if it goes much further, it’s not hard to imagine them bringing that aspect of it up in court. And if they do, the state is going to have a hard time sending Jared up the river. Our resident legal analyst, Doug Mataconis of Outside the Beltway, has already done the digging and found that the Supreme Court came down on Jared’s side some time ago.

In Tinker v. Des Moines Independent Community School District 393 U.S. 501 (1969), the Court deal with the case of a group of students who were disciplined for taking part in a protest related to the Vietnam War by wearing black armbands to school. In its decision, the Court held that the student’s right to express their political beliefs as protected by the First Amendment outweighed any argument the school could make that its actions were necessary to keep discipline and order in the school:

The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners’ interference, actual or nascent, with the schools’ work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.

The full details of the court’s decision, along with Doug’s comments on this piece of legal insanity, are available at the link. In the meantime, I suppose we’ll have to deal with yet another side show as this all drags out. You might think that in this “enlightened age” of free speech, something like this would never come up, but apparently you’d be wrong. I can understand the officials at one relatively small middle school flying off the beam for a bit and blundering into this sort of error, but once the public spotlight was on the case, one would hope that the legal system would notice and shut it down. But now they’re setting themselves up for public embarrassment on a national level. And for the cherry on top, this is all happening on Joe Manchin’s home turf, just as he’s facing another battle in the public opinion polls over his gun control mistakes.

Break out the popcorn.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: arth; banglist; guncontrol; gunhysteria; guns; nra; nrashirt; secondamendment

1 posted on 06/22/2013 10:58:08 AM PDT by SeekAndFind
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To: SeekAndFind

The prosecutor should definitely be campaigned against for pursuing this case.

If the judge does not dismiss this case, or find the defendant not guilty, he should be impeached.


2 posted on 06/22/2013 11:02:34 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: SeekAndFind; fieldmarshaldj; AuH2ORepublican; Impy; GOPsterinMA; randita; Sun; LdSentinal; ...

If he was wearing a Che Guevera T-shirt, they would be giving him an award. The public schools, never anything to brag about, are hopeless.


3 posted on 06/22/2013 11:05:19 AM PDT by Clintonfatigued (Muslims are a people of tolerance, life,and peace, and if you don't agree, they'll murder you)
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The petulant cop should get a new job at a doughnut shop where life is covered in chocolate, sprinkles, and stuffed with jelly and heavenly creme.


4 posted on 06/22/2013 11:16:56 AM PDT by Gene Eric (Don't be a statist!)
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To: SeekAndFind

I’ll keep repeating it until every conservative gets the message.

1) Home school if you have the time.
2) Private school if you have the money.
3) If 1&2 are impossible then a right leaning non-union charter school.

Sending a child to government school is child abuse and aiding the enemies of this country.


5 posted on 06/22/2013 11:20:25 AM PDT by Wurlitzer (Nothing says "ignorance" like Islam! 969)
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To: SeekAndFind

They will try their darnedest. to make an example of this family for speaking out against their master.


6 posted on 06/22/2013 11:24:56 AM PDT by WilliamRobert (Islam is the evil of our time)
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To: SeekAndFind
the case of a group of students who were disciplined for taking part in a protest related to the Vietnam War by wearing black armbands to school.
I remember this. I was in jr high at the time. They called it Moratorium Day. Interesting how widespread it became in an age before cellphones, Twitter, I/M-ing, etc .A few of my classmates came to school wearing the black armbands. The principal (a WWII vet himself) and administrators b*tched and moaned but ultimately took no action saying it was their right to freely express themselves. Ironic how those who participated in this "silent protest" against the Vietnam War are now trying to suppress the same rights they so cherished for themselves.
7 posted on 06/22/2013 11:27:43 AM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: Impala64ssa

When have they ever supported contrary opinions? Look at what they did to the troops who came home. Fascists all of them.


8 posted on 06/22/2013 11:35:41 AM PDT by JCBreckenridge (Un Pere, Une Mere, C'est elementaire)
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To: Clintonfatigued

Good point!


9 posted on 06/22/2013 11:53:18 AM PDT by wintertime (Yuri Besmenov was a prophet.)
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To: Wurlitzer
Marxism is our nation's **most** serious threat.

The government's socialist-entitlement schooling is the Marxist **most** powerful weapon.

Conservative groups of all sorts tend to focus on the legislative crisis of the moment. They win a few occasionally....BUT....they WILL LOSE the cultural and political war. Why?

Answer: Because the Marxist control the education and entertainment of nearly all the children in the nation. They are laughing at us. ( See my tag line.)

10 posted on 06/22/2013 11:57:24 AM PDT by wintertime (Yuri Besmenov was a prophet.)
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To: SeekAndFind

First the win on the First Admendment case, then the counter suit of mental harm of a minor will force the child to retire as a millionaire at the age of 18.

The teacher will get six months paid suspension and the Principle will give himself a new school supplied car.


11 posted on 06/22/2013 12:14:53 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: SeekAndFind

Why I call them Gun Control Nazis

Folks in that community need to vote out some folks in next election


12 posted on 06/22/2013 12:17:15 PM PDT by SeminoleCounty (Don't Blame Me For La Raza Rubio....I Voted For Alex Snitker)
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To: SeekAndFind

Sounds like Contempt of Cop, dealt with through Punishment by Process. I’m sure that if he licks their jackboots it’ll all go away.


13 posted on 06/22/2013 12:24:40 PM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein)
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To: SeekAndFind

All I recalled was there was an old case with a funny name ~ so it’s Tinker v. Bet that would apply to eating your poptart into the shape of a pistol, or maybe even atomic submarine!


14 posted on 06/22/2013 12:28:21 PM PDT by muawiyah (Get your RED (state) Arm Bands ~)
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To: Slings and Arrows
He is being prosecuted for an Orwellian Thought Crime.

Punishment:

1) Even if the charges are dropped, his family has been punished with thousands of dollars in attorney fees.

2) The boy's name has been permanently engraved in the Internet search engines and that **will** limit his future employment and educational opportunities.

3) And....A strong message has been sent to the other children and their parents that BIG BROTHER is out to get you for your thoughts.

Please note that my tag line is “Yuri Besmenov was a prophet.”

15 posted on 06/22/2013 12:40:46 PM PDT by wintertime (Yuri Besmenov was a prophet.)
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To: SeekAndFind; KC_Lion

Judged Guilty before Trial....

On your feet CRIMINAL!!!

16 posted on 06/22/2013 12:47:04 PM PDT by GraceG
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To: SeekAndFind

Scumbag Democrats always go after the kids first. They are too cowardly to pick on those their own size.


17 posted on 06/22/2013 1:26:22 PM PDT by Wanderer99
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To: Impala64ssa
I remember this. I was in jr high at the time. They called it Moratorium Day. Interesting how widespread it became in an age before cellphones, Twitter, I/M-ing, etc .A few of my classmates came to school wearing the black armbands. The principal (a WWII vet himself) and administrators b*tched and moaned but ultimately took no action saying it was their right to freely express themselves. Ironic how those who participated in this "silent protest" against the Vietnam War are now trying to suppress the same rights they so cherished for themselves.

The ONLY reason the subhuman worthless leftist vermin 'protested' the Vietnam war was to protect the communism there...so that they could one day have the 'right' to brutally oppress the rights of others.
18 posted on 06/22/2013 1:28:49 PM PDT by Wanderer99
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To: wintertime
He is being prosecuted for an Orwellian Thought Crime. Punishment: 1) Even if the charges are dropped, his family has been punished with thousands of dollars in attorney fees. 2) The boy's name has been permanently engraved in the Internet search engines and that **will** limit his future employment and educational opportunities. 3) And....A strong message has been sent to the other children and their parents that BIG BROTHER is out to get you for your thoughts. Please note that my tag line is “Yuri Besmenov was a prophet.” Posting HTML

If future companies all become left wing then the boy ought to leave the communist US forever and find a free country.
19 posted on 06/22/2013 1:32:13 PM PDT by Wanderer99
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To: wintertime

He will be offered a scholarship to a conservative college.

Sad, it’s come to this, but now we see who stands up to be counted in these fascist times...


20 posted on 06/22/2013 2:05:00 PM PDT by txrangerette ("...hold to the truth; speak without fear". - Glenn Beck)
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To: SeekAndFind
The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners’ interference, actual or nascent, with the schools’ work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.

Well, yeah, but in that case the students were lefties. You can't expect the same standards to be applied on behalf of a conservative. < /lib mode >

21 posted on 06/22/2013 2:05:29 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: GraceG

Verdict first, trial after!


22 posted on 06/22/2013 2:08:07 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Wanderer99
If future companies all become left wing then the boy ought to leave the communist US forever and find a free country.

We seem to be running a little low on those right now, unfortunately.

23 posted on 06/22/2013 2:09:04 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: txrangerette

Sad, it’s come to this, but now we see who stands up to be counted in these fascist times...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

A boy.


24 posted on 06/22/2013 2:10:21 PM PDT by wintertime (Yuri Besmenov was a prophet.)
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To: wintertime

A boy.

G-D willing, a child shall lead them.


25 posted on 06/22/2013 2:17:33 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: Still Thinking
We seem to be running a little low on those right now, unfortunately.

If the human race turns 100% leftist idiot then the species will go extinct within a year.
26 posted on 06/22/2013 7:22:52 PM PDT by Wanderer99
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To: wintertime

Marxists control, but the American people don’t understand Marxism.


27 posted on 06/22/2013 9:04:24 PM PDT by Theodore R. ("Hey, the American people must all be crazy out there!")
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To: SeekAndFind

What state is this? It’s not easily found in the article, or I missed it.


28 posted on 06/22/2013 9:05:15 PM PDT by Theodore R. ("Hey, the American people must all be crazy out there!")
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To: Theodore R.

FROM ABC NEWS:

http://abcnews.go.com/blogs/headlines/2013/06/eighth-grader-could-face-year-in-jail-for-wearing-nra-t-shirt/

Jared was asked to remove the shirt or turn it inside out by a secretary and then a teacher at Logan Middle School in Logan, W.Va. When he refused to do so he was brought to the principal, who called police.


29 posted on 06/22/2013 9:37:57 PM PDT by SeekAndFind
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To: Jonty30
The prosecutor should definitely be campaigned against for pursuing this case.

The school board and administrators are the ones that need removed. If they can't do that the people need to remove their children from that school. I won't hold my breath for any of the three things to happen and that should tell us what we are really up against in this country.

30 posted on 06/22/2013 11:44:39 PM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: Wanderer99

After the US goes “more” communistic...Where is that free country again???


31 posted on 06/23/2013 1:21:04 PM PDT by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
Another victim of this callous Age of Unreason.

A clear case of persecution for simply not bowing to arbitrary and unjust 'authority'.

Click the Gadsden flag for pro-gun resources!

32 posted on 06/24/2013 7:13:27 AM PDT by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: GraceG
This Kangaroo Court Brought to you by the Letter: Q!
33 posted on 06/24/2013 7:38:12 AM PDT by KC_Lion (Build the America you want to live in at your address, and keep looking up.-Sarah Palin)
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To: Drumbo; SeekAndFind

WTFIIWWV?

First your case, then the judge who blessed out arthur Heig (and got removed from the bench) & now this crap. WV’s “justice” system is all screwy, FRiend.


34 posted on 06/26/2013 2:21:20 AM PDT by Titan Magroyne (What one person receives without working for, another person must work for without receiving.)
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