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Student suspended, then unsuspended, for pro-war T-shirt
North County Times (San Diego) ^ | March 22, 2003 | ERIN WALSH

Posted on 03/25/2003 5:19:34 AM PST by TankerKC

OCEANSIDE ---- A teenager's pro-war T-shirt caused a stir Friday at El Camino High School, where officials suspended the boy for wearing the shirt, then allowed him back into school on the advice of lawyers who warned that administrators may have been infringing on his free speech rights.

Derik Rosario, 15, whose mother is a Marine master sergeant fighting in Kuwait, wore a T-shirt that read, "War: Justifiable Homicide" to school Friday morning, the same day an anti-war protest was scheduled at the school.

According to the school, he and a few other boys wearing pro-war T-shirts were asked early Friday morning to turn the shirts inside out or face suspension in order to prevent conflict with the war protesters.

"I looked at the shirts, and I pictured the protest that morning, and I saw a situation that could turn ugly or dangerous," said Principal Ron Briggs. "So I asked them, for safety reasons, to turn the shirts inside out."

The other boys complied. Derik refused.

"I sat there and thought about my mom and what she was fighting for, and I said to myself, 'I can't give in on this,' " said the boy, who took a one-day suspension rather than lose the shirt. "I believe what I believe and I support what my mother and the troops are doing, and I have as much of a right to express my feelings as the students protesting the war."

After conferring with their attorneys, district officials decided Derik was right. They called him at home and asked him to return to school, Oceanside Unified School District Associate Superintendent Joe Graybeal said.

"We talked to our legal counsel and decided that we'd acted too quickly, that the boy hadn't caused any disturbances, and that we should undo what we'd done," said Graybeal. "In future cases, we will not be so hasty."

The district was smart to reverse the suspension, said San Diego media attorney Guylyn Cummins, who specializes in First Amendment cases. According to a 1960s Supreme Court ruling, students have the right to express their opinions through clothing as long as the message does not incite violence or cause physical disruption, she said.

"The Supreme Court has made it painfully clear that students don't lose their First Amendment rights at the schoolhouse gates," said Cummins, who has represented the North County Times regarding free press issues. "The bottom line is that schools can't control the content of students' clothing just because they don't like what it says. The clothing has to almost certainly cause a disturbance in order to be banned."

Briggs said the shirt did not cause disruption after the boy returned. Derik, a member of the Marine Corps Junior Reserve Officer Training Corps, said he received support from friends upon his return to class.

In the end, Briggs said, he was proud of Derik for standing up for his rights.

"As a principal, I have to think about safety first. It wasn't about the message, it was about what might happen if someone threw a rock at that kid and a fight broke out," he said. "But in hindsight, I am really proud of Derik."

Derik said he respects the students who protested the war during a peaceful walkout Friday, but wished people would put themselves in the boots of troops like his mother, a communications specialist, before forming an opinion about the war.

"Some nights I stay up staring at the ceiling, thinking about her and wondering if she'll come home alive," he said. "I want her to know that I love her and support her, no matter what anyone else thinks."


TOPICS: Constitution/Conservatism; Culture/Society; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: educationnews; freespeech; pc; protest
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I looked at the shirts, and I pictured the protest that morning, and I saw a situation that could turn ugly or dangerous," said Principal Ron Briggs. "So I asked them, for safety reasons, to turn the shirts inside out."

Interesting that Mr. Briggs didn't consider canceling the protest. Apparently free speech only goes in one direction.

1 posted on 03/25/2003 5:19:34 AM PST by TankerKC
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To: TankerKC
You GO Derik!!!!!!!!!!!!!!!!!!!
2 posted on 03/25/2003 5:21:35 AM PST by Rick.Donaldson
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To: TankerKC
After conferring with their attorneys, district officials decided Derik was right. They called him at home and asked him to return to school, Oceanside Unified School District Associate Superintendent Joe Graybeal said.

"We talked to our legal counsel and decided that we'd acted too quickly, that the boy hadn't caused any disturbances, and that we should undo what we'd done," said Graybeal. "In future cases, we will not be so hasty."

Will Mr Briggs have to serve a suspension for having acted too hastily?

3 posted on 03/25/2003 5:24:06 AM PST by steve in DC
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To: Rick.Donaldson
Yep, this kid has some cajones. Maybe he belongs in the Corps too!
4 posted on 03/25/2003 5:29:03 AM PST by TankerKC (What's with the sudden influx if racist idiot here on FR?)
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To: TankerKC
So, had the peaceniks misbehaved, Derik's punishment would have been justified.

In other words, Derik's free speech stops if someone objects to it.

Try again, lawyers.
5 posted on 03/25/2003 5:29:06 AM PST by ChemistCat (Zen and the benzene ring)
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To: ChemistCat
It sounds like the school wants to pick their battles. Pro-war ... let me think ... we'll allow free speech on that one, I guess.

But what if the kid wears a pro-life shirt tomorrow? Oh, they might just decide that he has no free speech rights on school grounds. That would be a fun experiment.

6 posted on 03/25/2003 5:32:18 AM PST by ClearCase_guy
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To: TankerKC
Interesting that Mr. Briggs didn't consider canceling the protest. Apparently free speech only goes in one direction.

Indeed it does. My brother is a high school junior, and his high school now includes anti-war protests as a valid EXCUSED absence from school, along with illness (you need a doctor's note), or a death in the family (need to prove that, too). He asked the vice principal if he would be excused to attend a pro-war rally, and was told "no."

They've also formed a "peace club" that taunts students who don't agree with them. As an official school club, they can basically get away with anything, while my brother and his friends are branded as troublemakers or worse for speaking publicly about their patriotic views.
7 posted on 03/25/2003 5:33:34 AM PST by Rubber_Duckie_27
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To: TankerKC
The other boys complied. Derik refused.

Bravo Zulu Derik.

It wasn't about the message,

Bravo Sierra.

8 posted on 03/25/2003 5:34:45 AM PST by SMEDLEYBUTLER
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To: TankerKC
This whole thing is crazy. If a kid exercises his free speech rights and someone decides to become violent over it, shouldn't the person who became violent be punished, not the kid who wore the t-shirt?

Why should someone be held accountable for someone else's criminal actions if he is exercising his right to free speech?
9 posted on 03/25/2003 5:40:33 AM PST by ladylib
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To: TankerKC
"It wasn't about the message, it was about what might happen if someone threw a rock at that kid and a fight broke out,"

Some hippie would get their ass beat.

10 posted on 03/25/2003 5:41:47 AM PST by Dr.Deth
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To: Rubber_Duckie_27
Well they need a "war club."
11 posted on 03/25/2003 5:49:28 AM PST by HiTech RedNeck
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To: ladylib
Exactly.
12 posted on 03/25/2003 5:50:08 AM PST by ChemistCat (Zen and the benzene ring)
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To: HiTech RedNeck
No War Club allowed...they might scare the Gay Club. ;)
13 posted on 03/25/2003 5:59:29 AM PST by TankerKC (What's with the sudden influx if racist idiot here on FR?)
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To: All
P.S. This is my hometown...my how things have changed in the 22 years since I left...and, it was bad enough then.
14 posted on 03/25/2003 6:00:58 AM PST by TankerKC
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To: TankerKC; SMEDLEYBUTLER; High-tech Redneck; Travis McGee; JohnHuang2; Squantos
Derik, undoubtedky raised well by his Marine mother, is the only clear-headed and patriotic person in this equation.

Good for you young man, I pray there are many more just like you.

As to the principle and all of the lawyers and the fifth-column "activists" ... what a bunch of weak-kneed, mealy-mouthed, belly-dragging, yellow-backed, scared-of-their-own-shadow and anti-American putrified slime-balls these people are.

Derik, just remember the words of Samuel Adams and recite them to these useful idiots:

"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom...go home from us in peace. We ask not your counsels nor arms. May your chains set lightly upon you and may posterity forget that ye were our countrymen."- Samuel Adams
Best Fregards.

Jeff

15 posted on 03/25/2003 6:06:23 AM PST by Jeff Head
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To: *Education News
Bump & Ping
16 posted on 03/25/2003 7:39:37 AM PST by EdReform (Support Free Republic - www.freerepublic.com/focus/news/581234/posts?page=914#914)
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To: TankerKC
Interesting that Mr. Briggs didn't consider canceling the protest. Apparently free speech only goes in one direction.

Quite correct. And what the heck are they doing having an anti-war protest at school anyhow. Aint them sposed to be teching the kids to reed and wright?

17 posted on 03/25/2003 7:44:58 AM PST by MissBaby
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To: MissBaby
That's just what I told my wife. Which is more disruptive to the learning process, a protest where kids leave class, or a kid wearing a t-shirt?
18 posted on 03/25/2003 7:50:35 AM PST by TankerKC
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To: TankerKC
Only COJONES are allowed in the Corps! (Spanish spelling police). Semper Fi!
19 posted on 03/25/2003 7:53:54 AM PST by Paulus Invictus
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To: Paulus Invictus
I stand corrected!
20 posted on 03/25/2003 8:08:28 AM PST by TankerKC
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