Posted on 06/03/2006 8:19:21 PM PDT by LostInTheWoods
Southern California High School Sued for Silencing Student on Issue of Illegal Immigration
To: National Desk Contact: Richard D. Ackerman, Esq., Lively, Ackerman & Cowles, 951-308-6454, 951-258-5456 cell
RIVERSIDE, Calif., June 2 /Christian Newswire/ -- The public interest firm of Lively, Ackerman & Cowles filed suit on behalf of Jurupa Valley High School student Joshua Denhalter on Thursday afternoon. The First Amendment suit alleges that the public high school has intentionally interfered with his right to speak out on the issue of illegal immigration.
Mr. Denhalter alleges that on March 27, 2006, dozens of high school students, mostly of Mexican-American descent, illegally walked out of school in protest of legislation (HR4437) that was being proposed by the U.S. Congress concerning illegal immigration. He was not one of these students and chose to act lawfully.
Instead of illegally walking out of school and being truant, Denhalter chose to organize a legitimate and lawful counter-protest/assembly during the lunch hour on or about March 30, 2006. The peaceable assembly was to take place across from the school on a public sidewalk (i.e., a traditional public forum).
The peaceable assembly would not have disrupted school activities because Jurupa Valley High School has an “open lunch” period. This means that students are free to come and go during this time. As such, any student could have “walked out” during the lunch to attend the assembly and there would be no disruption or violation of truancy laws.
On the morning of March 30, 2006, Denhalter began handing out flyers for his event. That same morning, around 7:30 AM, he was approached by school officials and told that he could not hand out flyers advertising his First Amendment protected activities. He refused to give up his right to pass out handbills/flyers. As a result of his refusal to give up his constitutional rights, Denhalter was suspended for “handing out flyers (before school) advocating the disruption of school activities”. However, the school did not punish the dozens of students who walked out in violation of the law several days before.
Furthermore, between March 27 and March 30, 2006, the school allowed MECHA to sponsor an on-campus rally in opposition to HR4437. Denhalter asked for permission to sponsor a similar counter-rally on campus but was flatly denied by the school district's board.
Finally, just the week before filing of this complaint, on May 25, 2006, the school prohibited Denhalter from wearing a “Save Our State” t-shirt by telling him that he needed to turn the shirt inside out and not ever wear it again. The content of the political speech set forth on the shirt was the sole basis for this censorship and prior restraint of Denhalter’s rights. He seeks a restraining order allowing him to express himself freely as to political matters until the end of the school year (i.e., June 21, 2006).
According to lead attorney Richard D. Ackerman, “This is one of the worst governmental censorship cases I have seen in over a decade of practice. It is simply unbelievable that a school district would take sides with those who promote illegal activity over a student wishing to express his protected views in a traditionally and legally acceptable manner. These officials must be severely punished for their actions.” The law firm is handling this matter on a pro bono basis. The firm says that temporary restraining orders will be sought against the school within the next ten days.
American schools are run by leftists. This is a natural consequence of that fact.
HOMESCHOOL PING
>>Jurupa Valley High School
Ron Shecklen, Principal
10551 Bellgrave Avenue
Mira Loma, CA 91752
Phone: 951-360-2600
Fax: 951-360-2612
Website: http://www.jusd.k12.ca.us/sites/jvhs/index.htm<<
>> Superintendent's Office
Elliot Duchon, Superintendent
4850 Pedley Road
Riverside,CA 92509
951-360-4168 <<
I am so happy to see this.
Is it any wonder why our schools are so messed up.It's the idiot the dimlibs that run them.
You won't see this story on the evening news anytime soon, I bet....
"This free speech moment has been authorized by your local school board".
Alright Josh!
these boys would have been run out in a heart beat, i used to think my high school was bad...
I think somebody has some esplainin' to do.
Not completely. They are run by those simply afraid of leftists as well. Leftists promote views by complaining so often and so vigorously that people are afraid of offending them. This is how bigotry works, it intimidates reason through consistent and if necessary escalating complaint.
When we said "Free Speech", we didn't mean for you.
'..won't see this story on evening news....
Story forwarded to Brit Hume and O'Reilly.
"Johsua Denhalter"- oh, come on- you can tell from the name, he's both Christian and German (making him white.) He has no rights a liberal is bound to oblige.
"Richard D. Ackerman, “This is one of the worst governmental censorship cases I have seen in over a decade of practice."
This guy is not a FReeper.
Imagine the message that 200,000 checks for $10 (or more) each would send to the clueless, and to the internal enemies of our culture.
Donations are being taken for Denhalter's legal costs through the donation link at www.profamilylawcenter.com. Those interested in helping this young man can designate the money to be used for the "Josh Denhalter First Amendment Fund." Tax deductible donations will only be used to assist in his and related First Amendment cases. Mr. Denhalter is going to boot camp five days after graduating from Jurupa Valley High School and cannot afford the costs of this litigation.
It feels like we now live in bizzaro America, where wrong is right, and right is punishable.
And from the look of things it will only get worse imagine what it will be like if the horrid Senate bill is passed. NIGHTMARE!
Paging Sean Hannity, Bill O'Reilly, Rush Limbaugh...this is a natural story for talk radio/TV. This student sounds like a young patriot who is fighting for his Constitutional right of free speech, and he needs to be supported by everyone who believes in the First Amendment.
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