Posted on 08/18/2005 3:33:01 PM PDT by dukeman
Federal court rules in favor of student and grants permanent injunction sought by ADF-allied attorneys
COLUMBUS, Ohio-- A federal district court today ruled in favor of attorneys allied with the Alliance Defense Fund and ordered an Ohio school district to respect the First Amendment rights of a student, declaring its treatment of the student unconstitutional.
The Northern Local School District prohibited the student, James Nixon, from wearing a T-shirt that one school official deemed "offensive" and "potentially disruptive" even though no disruption actually occurred.
"The Constitution does not permit censorship based upon what someone thinks 'might' happen," said ADF-allied attorney Rick Nelson of the American Liberties Institute based in Orlando, Fla. "The court has done the right thing by protecting our client's ability to exercise his First Amendment right to wear his T-shirt if he so chooses."
Nixon wore a black T-shirt with white lettering to school as a seventh grade student at Sheridan Middle School in Thornville on September 1 of last year. The front of the T-shirt contained a Bible verse; the back contained Nixon's viewpoint on homosexuality, Islam, and abortion. After learning of Nixon's T-shirt, school and district officials decided the T-shirt's message violated the district's Student Code of Conduct and prohibited Nixon from wearing the shirt to school.
According to the opinion issued today by U.S. District Court Judge George Smith in the case, Nixon v. Northern Local School District Board of Education, "there is no evidence that James' silent, passive expression of opinion interfered with the work of Sheridan Middle School or collided with the rights of other students to be let alone. Therefore, the Court rejects defendants' assertion that James' T-shirt invaded on the rights of others."
"Other students' mere disagreement with the message on James' T-shirt is not enough to outweigh James' constitutional right to free expression," Smith added. The full text of the court's opinion and order can be read at www.telladf.org/UserDocs/NixonOpinion.pdf.
"There was no legally acceptable basis for the school's actions; therefore, the court rightly declared its treatment of James unconstitutional," Nelson explained. "This is an important victory for the free religious expression rights of students in America's public schools."
ADF is also involved in a similar lawsuit in California involving a Poway High School student who was prohibited from wearing a T-shirt to school that expressed his religious views on homosexual behavior.
ADF is America's largest legal alliance defending religious liberty through strategy, training, funding, and litigation.
"I KNOW you military types can be prescise, but 2.5 kids? That's just toilet training by gunpoint to be that particular. ;)"
That 2.5 kids is a military euphemism for 2 kids, and one on the way... i.e. the bun is half-baked, etc... It can be used right up until delivery, so it's not REALLY precise. (no sarcasm at all, either) ;)
Moral Absolutes Ping.
Quickie good news - meant to ping it out a few days ago (link on the thread to the previously posted article). Let's hope that if the decision is appealed it goes the same way.
Personally, I think very strict dress codes or uniforms are where it's at for school wear. But if kids can dress like gang members and ladies of the night, at least they should also be allowed to wear messages of truth on their shirts.
Freepmail me if you want on/off this pinglist.
Jesus said . . . I am the way, the truth and the life. John 14:6
That is not intolerance. It is an invitation for all to come to Him.
You want intolerance? How about a picture of Jesus driving the money-changers out of the temple?
Wouldn't that make the liberals scream!
What was PRINTED on the shirt?
I (after finally learning to read others before posting) now know what was on the shirt. I don't see what the problem was. Sounds like a smart kid. I believe the media wouldn't print what was on the shirt because, quite frankly their own beliefs run contrary to the kids'.
I would love to go with the school uniforms idea. It would solve soooo many problems.
Well they could, but a little bird tells me they are going to quickly find themselves outnumbered.
"Thank God I went to Catholic school K-12"
I heard this joke the other day...
Guy one(in strip club): Hey didn't you go to Catholic school? What are you doing in here?
Guy two: I'm not a Catholic anymore
Guy one: Why?
Guy two: I went to Catholic school for 12 years.
That is awesome! That joke made my day. Thanks for post!!! I am going to send to some of my friends who "suffered" through Catholic School.
Hopefully that is true.
Alliance Defense Fund in the news ping
Good idea.
But until then...score another one!
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