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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FReeper legal eagles: what say on this? Also could the legal strategy in the minor filing suit be that when decided it will be binding on all school princials and boards that want to try prior restraint?
The incident as I read it concerned the song "Break On Through (to the other side)"
This is a little off thread, but let's repair to the FreeRepublic Lounge, where the Lizard King himself is crooning away--
You know the day destroys the night
Night divides the day
Tried to run
Tried to hide
Break on through to the other side
Break on through to the other side
Break on through to the other side, yeah
We chased our pleasures here
Dug our treasures there
But can you still recall
The time we cried
Break on through to the other side
Break on through to the other side
Yeah!
C'mon, yeah
Everybody loves my baby
Everybody loves my baby
She get
She get
She get
She get high
I found an island in your arms
Country in your eyes
Arms that chain us
Eyes that lie
Break on through to the other side
Break on through to the other side
Break on through, oww!
Oh, yeah!
Made the scene
Week to week
Day to day
Hour to hour
The gate is straight
Deep and wide
Break on through to the other side
Break on through to the other side
Break on through (X4)
Yeah, yeah, yeah, yeah
Yeah, yeah, yeah, yeah, yeah
Break on Through
Mark W.
Can't mix religion with Govmint schools you know. Might offend somebody.
I hope this student sues. What a crock of ...
Bovine Scat!
Where is Jesse jackson when you need him.
And with the Doors, I only recall that the movie related the incident to the song, Light My Fire: "Girl, we couldn't get much higher." Morrison wondered if something like "Baby, won't you bite my wire," would be better.
Bird
Sign Crosbyton CISD's Guest Book
Email for Superintendant Larry Morris; larrym@chief.crosbyton.k12.tx.us
Email for Principal Lynn Maxwell; lynnm@chief.crosbyton.k12.tx.us
Email admin Staff/Band Director Rodney Gurley; rodneyg@chief.crosbyton.k12.tx.us
To; Larry Morris, The Principle, and the Distict Band Leader.
I.E; Are we in the U.S. of A?
So this is the school that is squashing the free speech of others? (minors or no)
Something that needs to be understood is that the "local letters to the Editor" Section in Your newspaper was meant for Opinions. And here's the reality check.... I am positive that your opinions, and the opinions of all of your students DO NOT MATCH as one nice warm fuzzy opinion.
Who are you to tell to tell this student that he cannot voice his opinions in a public forum??? This (If anyone's right) is his parents. Did he write this letter on campus? Did he also mail it from Campus? Did he use School stationary and stamps? I Doubt it.
In otherwords, there is no accounting for how you are rationalizing the fact, that you are trampling on this young man's freedom of speech.
PERMISSION?....GFY!
...Just my humble opinion...(JMHO)
FMCDH
Not likely on the latter - as this article is dated Lubbock, and I don't live in Texas. But I'll have to remember that first part - shoot first, ask questions later.
Or as I've always heard: it's easier to ask forgiveness than to ask permission.
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