Teen sues over letter to editor

The Lubbock Avalanche-Journal ^ | 29 January 2002 | Linda Kane

[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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[bwteim]

True.

[Happygal]

Well. I haven't read any responses to this article but...here's my tuppence worth.

I was educated by the nuns. (What do you expect when yer born, bred and reared in Ireland?). So I couldn't (excuse the French) fart crooked and a nun had me in detention.

So friggin' what?

I was editor of the school magazine (and was hauled over the coals over stuff I wanted to print..and wasn't let).

But at the end of the day.......those nuns, (that I hated) gave me an education.

And every time I went home and complained about what Sr. So-and-so wouldn't let me do, me Ma gave me a skelp across the back of the ear and said ``She was probably doin' ye good''

I'm not saying what happened in this case was right.

In fact, what happened to ME wasn't probably right. But as a 16 year old it WAS right. I wasn't allowed to moan to newspapers as a child to get attention. I got a kick up the ass and was sent to my room.

And the result is...?

I'm now a very vocal....CONSERVATIVE...journalist!!!

[mountaineer]

Too bad you didn't bother to read what I said before making your snotty remark. I didn't support what the administration did, I merely pointed out that as a legal matter the kid does not appear to have suffered any harm, inasmuch as his letter was published and he received no punishment as a result, and so the lawsuit does not appear to be supportable.

[MarkWar]

>This is what happened, from my source... "you are right the Doors did light my fire and people are strange on the Ed Sullivan show, not break on through,.. ..."

"Oh. Never mind."

Thanks for the correction. I was close.

Mark W.

[AUgrad]

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.

This young man needs to write a letter to the editor of every newspaper in the area each day rabidly criticisizing both the superintendant and his ignorant belief that he can censor a private citizen. What is this stupid superintendant going to do? He is an idiot if he thinks he can do ANYTHING about it.

[drjimmy]

Too bad you didn't bother to read what I said before making your snotty remark. I didn't support what the administration did, I merely pointed out that as a legal matter the kid does not appear to have suffered any harm, inasmuch as his letter was published and he received no punishment as a result, and so the lawsuit does not appear to be supportable.
The kid did the smart thing by making this a legal matter now. He put the school on notice not to try any funny business. It would be much harder to prove after the fact, if he had written another letter and found his grades were suddenly lower, that there was a direct correlation between the two.

[FreePaul]

and then let his superintendent sue him ...

Because, as we see so often, these petty beauracrats can exercise a considerable amount of power and cause irreparable harm by their actions. There would be no need for the beauracrat to sue. He can do his damage within the school system. The student could be expelled, forced to attend special classes, etc. and have his future in education jeopardized. We need more Justin Latimers and absolutely no one like Larry Morris.

[BikinLiLo]

HOMESCHOOL

HOMESCHOOL

HOMESCHOOL

Char