Posted on 01/29/2002 11:29:19 AM PST by ignatz_q
| Teen sues over letter to editor School accused of trampling rights By LINDA KANE A Crosbyton High School student, who claims he must get approval from his superintendent before submitting letters to the community newspaper, has filed a lawsuit alleging infringement upon his constitutional rights. Justin Latimer is a 16-year-old high school sophomore in the Crosbyton Consolidated Independent School District. He claims in his lawsuit that Supt. Larry Morris told him he could not write letters to the editor of the Crosby County News and Chronicle without Morris' permission or approval from the district's band director. Latimer wrote a letter in September after plans to play "Amazing Grace" at a football game were canceled. The song was to pay tribute to the victims of the Sept. 11 terror attacks. Latimer wrote a letter to the News and Chronicle, published on Sept. 21, stating his disappointment. "I am a member of the Crosbyton High School band and am deeply saddened by the fact that the band was not allowed to play 'Amazing Grace' in honor of those who died in the recent terrorist attacks against America ...," his letter said. After the letter was published, Latimer was called out of history class to meet with Morris and the band director, the lawsuit said. Morris told Latimer that his letter had hurt the school, the band and Morris personally, the lawsuit said. Latimer argues that his letters to the editor are a form of free speech protected by the Constitution. "Supt. Morris has forbidden plaintiff Justin Latimer from writing letters to the editor of the Crosby County News and Chronicle without defendant Morris' prior review and approval, simply because Supt. Morris did not approve of Justin's viewpoint in a previously published letter," the lawsuit states. Morris, who could not be reached for comment, was attending a conference for superintendents in Austin on Monday and will be out of the office until Wednesday. Latimer's mother, Mary, said Monday, "We don't wish to make any comment at this time." She and her husband, Samuel, are vice presidents of the Crosbyton band boosters. An attorney representing Latimer, Stephen Crampton of Tupelo, Miss., said he's asking U.S. District Judge Sam Cummings in Lubbock for a temporary order preventing Morris from restraining Latimer's speech. Crampton said the case "cuts right to the heart of what it means to be free in America." Ben Gillespie was the owner of the Crosby County newspaper at the time Latimer's letter was published, and he's now the editor. He said that he publishes letters to the editor as long as they don't violate any laws and they're in good taste. Latimer had a right to express his feelings, Gillespie said. "He wasn't being libelous; he didn't call any names," Gillespie said. "The paper is a vehicle by which people can air their opinions." Linda Kane can be contacted at 766-8754 or lkane@lubbockonline.com
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Why didn't this kid just write letters to every editor he could think of, and then let his superintendent sue him ... That would have made for better press, I think.
Heck, way back when, when the Doors were on the Ed Sullivan show, they were told they must not sing the lyrics "Everybody love my baby/She gets high" (Drug refs weren't allowed on TV.) So, in rehearsal, they just sang something silly like "she gets by" or something. Then, when they went live, Morrison, in front of the cameras, sang "She gets high"
The world didn't end.
Kids today. Instead of defying authority, they file lawsuits. What would Thoreau say?!
Mark W.
Assuming Latimer's letter told the facts known to him about the matter, it would appear any "hurt" done to the school, the band, and Morris were caused by the decision to cancel the song, not by the letter stating the facts.
Regardless, it's laughable that these school officials actually believe they have the right to restrict a student from writing a letter.
Yes, it does. Minors do not have the same rights as adults (e.g. Amendment II). However, I think you'll find that, while the parents have the authority and responsibility to restrict a minor's freedom of speech, the school does not. This is just my gut feeling, though.
Given the fact that his lawyer is from Tupelo, MS, home of the American Family Association (a Christian conservative organization), there's a good chance this lawyer is affiliated with AFA.
MM
Heck, I could even enter into a contract with a car dealer that if I missed a payment, they could cut off my middle finger. Even if I missed a payment, they still couldn't force me, even in court, to allow them to cut off my finger.
I agree with you that the boy should have sent all the letters he wanted and then when the superintendant took any punitive action, the boy could come down hard in the courts. Of course, if the superindendant tried to sue the boy, he wouldn't have a prayer
Along those lines, another major problem with this is that someone over the age of 18 is responsible for every minor. In this kids case, I assume it was his parents. Now, if you want to control what a minor writes to a newspaper, you must be the responsible adult. If you are not, then you must persuade the responsible adult to forbid the kid from writing the letters (only adults are fully protected by the constitution). The responsible adult is the one who is... Responsible, and can either agree with the superintendant or tell him to take a flying leap. Beyond that, all the super has the right to do is to try to reason with the kid and persuade him to cease writing letters on his own volition. And if the super attempts to use his position to strongarm the kid..., well, I have a legal problem with that as well.
Failing classes kills your GPA, and that can keep you out of a good college.
That's what I thought, too... Sullivan wanted them to sing "We couldn't get much better" which doesn't even rhyme, LOL. Better than the Stones, who caved and sang "Let's spend some time together" rather than "Let's spend the night together."
Good point.
He was under clear threat of academic harm -- suspension, disciplinary entries in his record, etc. He decided to play offense rather than have to explain the black marks that would surely be on his transcript to the colleges he would be applying to.
I think the silence of the school officials is one the most damning factors in these situations. They duck questions and say things like "it's inappropriate or against our policy to comment on matters involving a student" or conveniently attend conferences out of town, because they know that their position is indefensible.
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