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NRA T-Shirt Is Back in School, in Multiple Copies
The Volokh Conspiracy ^ | 23 April, 2013 | Eugene Volokh

Posted on 04/24/2013 2:05:26 AM PDT by marktwain

Several readers had e-mailed me about the story of a 14-year-old who was apparently told that he couldn’t wear an NRA T-shirt (which depicted a rifle), and then arrested when the dispute escalated. Yesterday, he was apparently back in school (see ABC News and Washington Times) wearing the shirt, and many classmates are wearing the shirt, too. From the Washington Times account:

Jared Marcum, 14, was joined by about 100 other students across Logan County who wore shirts with a similar gun rights theme in a show of support for free speech.

Ben White, the Charleston lawyer representing the Logan eighth-grader, said the Sons of the Second Amendment, a gun rights group, purchased and distributed the shirts....

Marcum’s lawyer is quoted as saying that the charges would be dropped. The arrest apparently stemmed not from the T-shirt wearing as such, but from the behavior at the dispute that arose as a result; there is disagreement about who was at fault for that behavior:

Video evidence in the case, Mr. White said, indicates that the situation in the cafeteria deteriorated when a teacher raised his voice while confronting Jared. Other students jumped up on benches and began chanting Jared’s name.

“I think the disruption came from the teacher,” Mr. White said.

A police officer arrested Jared after he was sent to the school office and again refused to remove the shirt.

Mr. White said Jared was arrested on two charges of disrupting the educational process and obstructing an officer ....

More Here

(Excerpt) Read more at volokh.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Tennessee
KEYWORDS: banglist; dresscodes; freespeech; guncontrol; nra; school; secondamendment; tn; tshirt
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To: verga

Don’t the reports indicate the shirt didn’t violate the dress code?

If it didn’t, then under Tinker, the substantial disruption test would apply. Other Supreme Court cases have addressed the lewdness of the speech or the fact that it encouraged an illegal behavior (weed). However, even cases involving political speech, the Tinker rule usually applies.


81 posted on 04/24/2013 8:24:43 AM PDT by HawkHogan
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To: verga

“You also do not say things that are going to disrupt the learning of others or cause others to riot.”

I think there is a “reasonable person” phrase in there. The student met reasonable people all morning. Only this one teacher was unreasonable.

Further, applying that same standard, the teacher’s response created the disruption of many students. Thus the teacher is guilty of breaking the same rule the student is accused of breaking.

A teacher once gave my straight A, president of the honor society son detention for not writing down his homework assignments in his study booklet. The only reason she noticed that the entire book was blank was that he had the best score in the class exams. She went to write a congratulatory note to me and found the entire book blank. Kid had a photographic memory and was almost anal in his following the rules and being responsible.

This booklet was also for communication between teachers and parents. I met with the teacher and her principal and asked, “What is the teacher’s punishment for not reviewing these booklets for parent communication since over half of the school year is over. My next statement was that I would ask that question to the superintendent and then to the school board if I did not get a satisfactory answer. In addition, I wanted copies of all my communications to be included in her personnel file. Problem resolved.

What the teacher did not realize was that as a CPA I was contracted to audit the school district’s financial records and had full access to her personnel file. And, I was friends with the superintendent and most of the board. Amazing how people don’t consider the consequences of their actions when they are unreasonable. We must treat all people, no matter the age or position with respect.

The strangers we meet on the road, just might be angels in disguise.

Hebrews 13:2
Do not neglect to show hospitality to strangers, for by doing that some have entertained angels without knowing it.


82 posted on 04/24/2013 8:31:24 AM PDT by tired&retired
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To: verga

Actually there’s a 4th alternative: Teacher leaves kid alone. The shirt didn’t violate any school policy - just annoyed and angered intolerant teacher!!!

However, you wouldn’t have thought of that alternative because you appear to be just a bootlicking, go-along to get-along type of person.


83 posted on 04/24/2013 8:34:25 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: verga

I figured from your responses on this thread that this was a personal issue for you.

No, you shouldn’t ignore the rules.
I’m not sure how you missed this, though - the NRA shirt was not a violation.


84 posted on 04/24/2013 8:34:56 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: verga
Oh....so you're a teacher! Guess in your mind that the teacher in this situation had to be right because he's the authority (just like you) and therefore couldn't be wrong or incorrect. Got it! Now your attitude makes sense. Wrong but it makes sense.
85 posted on 04/24/2013 8:40:50 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: marktwain
The perp

86 posted on 04/24/2013 8:48:23 AM PDT by Oztrich Boy (RIP Chrissie Amphlett.)
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To: verga

55

Speed limit doesn’t make for a police state.


87 posted on 04/24/2013 8:55:28 AM PDT by IMR 4350
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To: verga
Does the school have a dress code? That is the issue.
You don't know and are just jumping to conclusions.

27 posted on 04/24/2013 21:32:35 by verga (A nation divided by Zero!)

The irony is strong with this one.

Yes, as others have told you, there is a dress code

If you were open to education you would realize attendng 5 classes before one hoplophobe objected, and being allowed to return Monday wearing the shirt might suggest there was no violation. But what is logic when matched against one teacher's prejudice?

88 posted on 04/24/2013 8:59:04 AM PDT by Oztrich Boy (RIP Chrissie Amphlett.)
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To: verga
Should I have just ignored the violations since the other teachers in 1st and 2nd block? or should i have done my job and sent them to the office and had their parents bring them appropriate attire?

"Laws are for the guidance of wise men and the blind obedience of fools." (Solon, the Lawmaker of Athens, d. 559 BC)

How to tell: If you can't think past "Rules is rules", obedience should be your watchword.

89 posted on 04/24/2013 9:06:02 AM PDT by Oztrich Boy (RIP Chrissie Amphlett.)
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To: verga

My school system has a dress policy. Teachers are NOT expected to enforce it. We are asked to send the students to the office and let the administration deal with it. I am there to teach; I don’t have time to discuss the intricate policies of dress code.


90 posted on 04/24/2013 9:32:57 AM PDT by SoftballMominVA
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To: 2nd amendment mama

You’re welcome for one of us giving you the education to be able to read. I hope the irony is not lost on you, but I am pretty sure it will be.


91 posted on 04/24/2013 10:29:49 AM PDT by verga (A nation divided by Zero!)
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To: verga
You’re welcome for one of us giving you the education to be able to read. I hope the irony is not lost on you, but I am pretty sure it will be.

Actually I started reading before I went to school but, yes, teachers did help educate me. However, it wasn't you so I don't owe you anything. You sound like you believe that I owe you respect simply because you chose the same profession as those who did give me a good education. Spoken like a true collectivist. Respect is individually earned.

92 posted on 04/24/2013 11:18:11 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: verga

You just might want to read post #71.


93 posted on 04/24/2013 11:43:59 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: marktwain

if the kid had been wearing any number of leftist-approved offensive shirts, it would have never been an issue


94 posted on 04/24/2013 11:45:07 AM PDT by GeronL (http://asspos.blogspot.com)
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To: verga
Amending post #93 - you might want to read post #71 BEFORE YOU MAKE A BIGGER FOOL OF YOURSELF
95 posted on 04/24/2013 11:55:22 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga

Thank you for the personal attack, I will give it all the consideration it is due.


96 posted on 04/24/2013 12:50:03 PM PDT by verga (A nation divided by Zero!)
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To: verga

“You might want to study up on the limits of free speech and expression.”

That is not applicable in this situation. The young man was not doing anything wrong. From what I read, it was the teacher who provoked the situation. No “fire in a crowded room” here. I only hope that at the end of the day, the school district has to cough up a bunch of bucks to the kid and his family. Making them pay for their mistakes is the only way that this stuff is going to be brought to a halt.


97 posted on 04/24/2013 7:30:17 PM PDT by vette6387
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To: verga
Thank you for the personal attack,

Just trying to help you keep from digging yourself in deeper, but I see you lack the sense to even see that. Seriously,why are you posting on a conservative site? You are obviously a believer in government uber alles.

98 posted on 04/25/2013 3:53:39 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga
Seriously,why are you posting on a conservative site?

Two reasons: I am a fiscal and social Conservative, and the first amendment allows me to. It is a way to keep libertarian morons in check.

You are obviously a believer in government uber alles.

WOW once again proving you don't have a clue. The reasons i teach are first I am D@MN good at it, and second if i absent my self from the system then that is another opening that some liberal might take.

I believe that some exposure to conservative ideas is better than none.

Feel free to have the last word.

99 posted on 04/25/2013 4:40:38 AM PDT by verga (A nation divided by Zero!)
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To: verga
The reasons i teach are first I am D@MN good at it,

Not lacking in ego are you? "Frankly my dear, I don't give a damn." as to why you teach. Didn't ask, didn't want to know.

It is a way to keep libertarian morons in check.

Posting your statist drivel hardly accomplishes that.

Two reasons: I am a fiscal and social Conservative

But not apparently a constitutional conservative believing in the protections afforded by the FIRST (First, get it, no you obviously don't) Amendment.

100 posted on 04/25/2013 4:57:47 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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