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Student Thinks School Violated 1st Amendment Rights
Times- Union ^ | 1-23-09 | Jennifer Peryam

Posted on 01/23/2009 9:39:02 AM PST by AmericanHunter

Warsaw Community High School officials say the method in which the school's "Young Americans for Liberty" approached holding a proposed demonstration Tuesday expressing their concerns with Barack Obama's policies violated school policy.

Austin Brenneman, a WCHS senior and president of the WCHS "Young Americans for Liberty" chapter, e-mailed the Times-Union Tuesday morning informing the newspaper he and approximately 10 other members of the organization had plans during their lunch hour Tuesday afternoon to hold a planned demonstration.

Brenneman invited the Times-Union to report on the event Tuesday and said the group planned to distribute flyers and stickers and talk to their peers regarding their concerns of Obama's policies outside the WCHS cafeteria.

"Young Americans for Liberty" is the continuation of Ron Paul's youth campaign, Students for Ron Paul, and was officially endorsed Dec. 2 by Paul. The organization seeks to recruit, train, educate and mobilize students on the ideals of liberty and the Constitution.

There are various "Young Americans for Liberty" chapters throughout the United States that took part in demonstrations at their schools Tuesday according to www.yaliberty.org/change

The students did not have their demonstration.

Brenneman stated the plan to distribute the materials to their peers did not go as planned when WCHS Assistant Principal Steve Ferber walked into his fifth-period class Tuesday morning while the students were watching the inauguration before their lunch hour. Brenneman said he was taken to Ferber's office and was asked to bring a box of materials he had planned to distribute to his peers during the lunch hour to the office with him.

The box included a small booklet of facts about the U.S. Constitution; two stickers that had "Young Americans for Liberty" emblems that said "You'll be disappointed" and "Not Change" with a photo of Obama; a "Young Americans for Liberty" bumper sticker; and a flyer that stated "Don't be fooled by rhetoric and appeal. One day is enough. It's time for change."

Brenneman said he received the materials from the national "Young Americans for Liberty" campaign to distribute.

After Ferber and Tom Kline, WCHS director of secondary curriculum, reviewed the items, Kline said Brenneman was asked to leave the materials in Ferber's office until school let out Tuesday. Brenneman was advised the proposed demonstration could be disruptive to the school and would not be allowed, according to Kline in a phone interview Wednesday afternoon.

"Very simply, the organization did not have approval from the administration to distribute materials and there was a fear that the school would be disrupted if the materials were passed out," Kline said. "The young man (Brenneman) seemed to understand why the demonstration could not be held. He was polite and promised not to distribute the items."

The items were returned Tuesday after school to Brenneman with the condition that he would not distribute them or bring them back to school. Brenneman said he agreed to the stipulations.

Brenneman said he was informed the administrators thought it was inappropriate timing to hold a demonstration and that it could cause an disturbance.

"I understood that to a certain extent, but I wasn't going to hold the demonstration to cause any problems. I wasn't trying to hold a rally. I was strictly trying to expose policies and I wasn't doing it during class or trying to interrupt the learning experience," Brenneman said.

Brenneman said he informed administrators that he is a state delegate to the Indiana Republic Convention and had campaigned for Ron Paul in Iowa.

"I didn't think it would be anything that would cause problems. It was just going to be our group handing out flyers in the hallway," Brenneman said.

Ralph Bailey, WCHS interim superintendent, provided to the Times-Union the school's policies regarding special interest materials-advertising that states the policy was reviewed Nov. 11, 1996, and April 12, 1999.

WCHS's policy 204, in reference to special interest materials-advertising states in general, supplementary printed materials from commercial, political, religious or other non-school sources should have the approval of the administration before being used in the schools.

The policy states the approval may be given to materials which are obvious educational quality, which are timely and up-to-date, and which promote American democratic ideals and values. The policy also states advertising materials of commercial, political, or religious nature should not be displayed or distributed in the schools or on the school grounds. It states pupils may not be used as the agents for distributing non-school materials to the homes without the approval of the superintendent.

Brenneman said the organization had planned since the middle of December to hold the demonstration when the national chapters informed the state chapters of the opportunity to distribute materials.

He said WCHS's chapter started on Facebook in December.

Brenneman said he looked at the school's handbook prior to the proposed demonstration and he didn't see anything that stated the group would have to inform administrators prior to holding the demonstration.

"We didn't plan on posting flyers on the walls or bulletin boards, and it wasn't a campaign," Brenneman said.

He said the purpose of the demonstration was to put the Constitution information booklet in student's hands so they could see government had a rule book.

"The goal was to basically peel back the marketing of what Obama's so-called change is, and we wanted to expose to students that everything he says in his commercials and what you hear in the media might not necessarily be true," Brenneman said.

Brenneman said the organization had distributed politically oriented materials in the past at the school.

Brenneman said in the past he distributed campaign materials to peers and teachers and got signatures to make sure Ron Paul was on the ballot in Indiana in May during the primary in support for Students For Ron Paul. He said he did not inform administrators and there were no complaints.

Brenneman said now that he knows he is not allowed to distribute the items at this point. However, in the future, he will see what the administration's decision is with materials the group may want to distribute.

"I don't feel we were violating any of the rules as far as laws. I understood school policy and their concerns because I could see how it could cause problems if I was doing it in an improper manner, but the fact that I was just going to be passing out the flyers in the hallway and not an in your face approach, I don't think that would cause problems," Brenneman said.

"I understand the policy, but my problem is I think the demonstration would have been free speech, the demonstration would not have been slander. I wasn't attacking Obama as a person or undermining the significance of the inauguration. I have great respect for Obama as a person. He's accomplished a whole lot from serving as state senator to president," Brenneman said.

He said he still feels like his rights were violated by not being allowed to distribute the materials.

"Although I understand it is school policy, I don't think it is the law, and I think it is violating my First Amendment right by prohibiting me from distributing these materials at the time I planned," Brenneman said.


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: 1stamendment; firstamendment; obamainauguration; ronpaul
"The organization seeks to recruit, train, educate and mobilize students on the ideals of liberty and the Constitution."

How dare they? No wonder they're in trouble with the Government school system.

1 posted on 01/23/2009 9:39:03 AM PST by AmericanHunter
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To: AmericanHunter

I’m sure “Young Americans For Obama” would have received a pass and maybe even extra credit.


2 posted on 01/23/2009 9:45:56 AM PST by Califreak (What's black and white and red all over? My hero, Zero.)
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To: Califreak

You may be right.

“He said the purpose of the demonstration was to put the Constitution information booklet in student’s hands so they could see government had a rule book.

“The goal was to basically peel back the marketing of what Obama’s so-called change is, and we wanted to expose to students that everything he says in his commercials and what you hear in the media might not necessarily be true,” Brenneman said.

All of my usual sarcasm aside, I do admire this kid for trying. Maybe there’s hope for this Republic yet.


3 posted on 01/23/2009 9:53:00 AM PST by AmericanHunter
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To: AmericanHunter
Brenneman said he was informed the administrators thought it was inappropriate timing to hold a demonstration and that it could cause an disturbance.

Only the TIMING was wrong! :)

4 posted on 01/23/2009 10:01:35 AM PST by MarineBrat (The New York Times is a Communist Kamikaze.)
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To: AmericanHunter

Kids have their right to free speech, among other things, violated all the time in school. You surrender your constitutional rights once you walk through the door.


5 posted on 01/23/2009 10:02:05 AM PST by Quark606
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To: AmericanHunter
"Young Americans for Liberty" is the continuation of Ron Paul's youth campaign, Students for Ron Paul, and was officially endorsed Dec. 2 by Paul. The organization seeks to recruit, train, educate and mobilize students on the ideals of liberty and the Constitution.

One More on Ashley Todd (Pulled Stunts on Paul Campaign, Too) (Oct 25th 2008 10:52PM)

In March, Ms. Todd was asked to leave a grass-roots group of Ron Paul supporters in Brazos County, Texas, group leader Dustan Costine said. He said Ms. Todd posed as a supporter of former Arkansas governor and presidential candidate Mike Huckabee and called the local Republican committee seeking information about its campaign strategies.

"She would call the opposing campaign and pretend she was on their campaign to get information," Mr. Costine said last night. "We had to remove her because of the tactics she displayed. After that we had nothing to do with her."

I'm familiar with some of the "youth" for Paul. Her actions in Pennsylvania (carving a backwards B on her face) may have cost McCain some support.

6 posted on 01/23/2009 10:08:41 AM PST by a fool in paradise
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To: AmericanHunter

School did violate his 1st amendment rights. Suggest he call Jay Sekulow of the American Center for Law and Justice. It’s right up his alley.


7 posted on 01/23/2009 10:14:11 AM PST by lilylangtree (Veni, Vidi, Vici)
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To: a fool in paradise

“I’m familiar with some of the “youth” for Paul. Her actions in Pennsylvania (carving a backwards B on her face) may have cost McCain some support.”

Did you miss this part?:
“We had to remove her because of the tactics she displayed. After that we had nothing to do with her.”

The Ron Paul supporters obviously did not want this clown around.
A fool in paradise? Perhaps just a fool.


8 posted on 01/23/2009 10:20:50 AM PST by AmericanHunter
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To: AmericanHunter

The media was quick to point out that she worked for the McCain campaign. A bit slower to point out the rest of the story.

They completely DID NOT cover the conviction that same week of a Democrat who’d plotted to firebomb the RNC convention.

The media was engaging in propaganda and a Paulian helped. Whether she acted in the approval of the Ron Paul campaign or not was beside the point, she was a believer. Nothing indicates she ever was a McCain fan any more than she was a Huckabee supporter (even those she also posed as one).

I saw plenty of Lefties who helped the Paul campain, in ernest. I suspect that the Libertarian party will become the safe haven for those who wish to be critical of Obama’s administration without being a “conservative”.

But an issue like the right to life seems to be lost on libertarians. Some are more equal than others. Can you be a little bit pregnant?


9 posted on 01/23/2009 10:35:35 AM PST by a fool in paradise
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To: a fool in paradise

Please remind all of us what your rants have to do with the posted article. Do you object to what the student was trying accomplish? The manner in which he tried to accomplish his objective?


10 posted on 01/23/2009 10:46:37 AM PST by AmericanHunter
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To: AmericanHunter
Somehow reminds me of Groucho;

"I would never join a club that would have me as a member."

11 posted on 01/23/2009 10:49:16 AM PST by norraad ("What light!">Blues Brothers)
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To: norraad

“I would never join a club that would have me as a member.”

That cracks me up.


12 posted on 01/23/2009 10:55:08 AM PST by AmericanHunter
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To: AmericanHunter

His efforts may be admirable. I don’t know all of his stances so would not blindly champion his protest arguments. Sounds like it is within bounds. Also see some cultish behavior in some third party activity. From my example, I clearly would not blindly champion all Ron Paul “youth”.

As I said, some political agitators may find shielded “refuge” in the libertarian movement. Beware of those who may hijack that party as the GOP has been hijacked.


13 posted on 01/23/2009 11:05:56 AM PST by a fool in paradise
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To: a fool in paradise

They also failed to report that she had worked on two Democrat campaigns early last year. They only reported her working on Paul’s and then McCain’s campaign.

The media was engaging in propaganda!


14 posted on 01/23/2009 12:35:37 PM PST by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: AmericanHunter

Hey guys and gals. I’m the high school student featured in the article. I actually stumbled upon this site on accident!

Thanks for your comments, I appreciate them.

After the incident, I did some research on previous Supreme Court rulings, and found something very interesting. Mr. Kline said: “there was a fear that the school would be disrupted if the materials were passed out.”

However, in a previous Supreme Court ruling (Tinker case), the court’s official opinion held that: “in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression”

Upon discovering this, I came up with a great idea. I’m going to create a shirt that has both quotes on it. I know that dozens of my friends will wear the shirt with me on a single day. I will also be printing out copies of the court’s opinion so my friends can provide proof of the ruling if need be.

Thanks again for your comments! If you have any questions or anything, be sure to email me at wchsliberty@gmail.com


15 posted on 01/23/2009 6:40:11 PM PST by Austin Brenneman
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To: Austin Brenneman

See post #7, I think that one has good advice.

You should get to know them, it sounds like you may need them in the future!

Good luck to you.


16 posted on 01/23/2009 7:04:50 PM PST by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Austin Brenneman

You are one brave warrior.

Attaboy.

Boots


17 posted on 01/23/2009 7:12:35 PM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: Quark606

“It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” —Justice Abe Fortas in Tinker v. Des Moines.


18 posted on 01/29/2009 2:13:13 PM PST by Mr. Blonde (You ever thought about being weird for a living?)
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