8th-grader suspended, arrested, charged for NRA shirt

[mamabearCali]

Unless there is video (and I hope there is, with all the phones around these days) this will come down to a case "he said, he said." The school will make it about the students behavior, not the content of the shirt. Behavior is subject to interpretation and therefor a huge grey area that will give them protection. I bet the NRA doesn't even bother to consider not touching this with a 10' pole. (yes I know it is a double negative) Without some hard evidence it will be way too far off their radar screen.

Sorry, I am cynical.

So how does a temper tantrum from a teacher or a student merit arrest and criminal charges.........unless there was a ton more to this, it doesn't and the school is full of it. The school can do as it likes, unfortunately they do not hold themselves accountable to any sort of common sense anymore. Again, i reccomend homeschool to take them out of the playbook entirely. But the police officers should and the DA should have some sense that wearing a t-shirt even a political one IS NOT A CRIME! Disobeying a teachers orders is a school infraction, NOT A CRIME!

[Originalist]

I read on his first day back to school he wore the very same shirt BUT 100 of his like minded friends wore similar shirts as well. Didn't ever hear anything as far as repercussions though...

[jimlongley]

Someone posted a photo of the young man and his shirt. Sorry I will try and post later.

Common sense would indicate to me this was not what you would wear to school. Unless it was some special day at school where the principal allows relaxed dress rules.

It cannot be "common sense" (getting to be a worn out cliche these days) if it does not make sense, and it does not make sense to allow a teacher to bully a child just because the teacher doesn't like the child or something that the child is wearing, and that's what I see the initial issue as being, everything else was merely an escalation of the wrong done.

Freedom of expression does not extend into a school generally. The Supremes have already ruled on this.

The fact that it has been ruled on does not stop the anti-gun nuts from trying to get a new ruling, and it should not stop anyone else that doesn't agree with a ruling, unless the antis and school districts get to play by different rules.

This was not to me a case of where a teacher did not like the NRA and used a small gun in a small logo of the NRA to be picky and find a reason to suspend the young man.

And what I see is a teacher tried to bully a child and the school district (wrongly) backed the teacher (after all, a teacher, being an authority figure, is always right, right?).

Yes the school handbook apparently did not specifically exclude drawings like this, but to me most schools would object to the shirt I saw.

If the handbook did not explicitly rule out the shirt, then it was within the rules. If the school district doesn't want that shirt worn, then the rules should say so, otherwise it gets worn no matter how badly some bully teacher dislikes it. And I fail to see why "most schools" would object to that shirt, was there something obscene, espousing insurrection or rebellion, or some such? Maybe the schools should have a rule that says no shirts can have anything, words or pictures on them (I have long been of the opinion that there should be a law against adult women wearing shirts that force you to stare at their chests to read them, particularly us dyslexics.)

To me, if they gave the young man the opportunity to turn the shirt inside out and he refused, then I have no problem with what happened. I think the young man and/or his father maybe was trying to pick a fight.

The NRA should support fights they will win. To me this is not one of them.

My revised two cents.

In light of his return to school wearing the same shirt, the NRA would easily win this one.

[goose]

Unless there is video (and I hope there is, with all the phones around these days) this will come down to a case "he said, he said." The school will make it about the students behavior, not the content of the shirt. Behavior is subject to interpretation and therefor a huge grey area that will give them protection. I bet the NRA doesn't even bother to consider not touching this with a 10' pole. (yes I know it is a double negative) Without some hard evidence it will be way too far off their radar screen.

Sorry, I am cynical.

So how does a temper tantrum from a teacher or a student merit arrest and criminal charges.........unless there was a ton more to this, it doesn't and the school is full of it. The school can do as it likes, unfortunately they do not hold themselves accountable to any sort of common sense anymore. Again, i reccomend homeschool to take them out of the playbook entirely. But the police officers should and the DA should have some sense that wearing a t-shirt even a political one IS NOT A CRIME! Disobeying a teachers orders is a school infraction, NOT A CRIME!

I in no way implied any of their actions were justified. I was just describing how I assume that it will go. Everyone will now hunker down. The dress code will be a big topic at future school board meetings. Teachers will now be sure to have cameras ready. The kids will be more on top of their game and have their cameras ready. No multi million dollar NRA lawsuit. Again, I am not justifying it. I would simply be astonished, outside of further evidence if the NRA ever mentions this in anything other than a "see it's happening again" sort of way.

[mamabearCali]

Unless there is video (and I hope there is, with all the phones around these days) this will come down to a case "he said, he said." The school will make it about the students behavior, not the content of the shirt. Behavior is subject to interpretation and therefor a huge grey area that will give them protection. I bet the NRA doesn't even bother to consider not touching this with a 10' pole. (yes I know it is a double negative) Without some hard evidence it will be way too far off their radar screen.

Sorry, I am cynical.

So how does a temper tantrum from a teacher or a student merit arrest and criminal charges.........unless there was a ton more to this, it doesn't and the school is full of it. The school can do as it likes, unfortunately they do not hold themselves accountable to any sort of common sense anymore. Again, i reccomend homeschool to take them out of the playbook entirely. But the police officers should and the DA should have some sense that wearing a t-shirt even a political one IS NOT A CRIME! Disobeying a teachers orders is a school infraction, NOT A CRIME!

I in no way implied any of their actions were justified. I was just describing how I assume that it will go. Everyone will now hunker down. The dress code will be a big topic at future school board meetings. Teachers will now be sure to have cameras ready. The kids will be more on top of their game and have their cameras ready. No multi million dollar NRA lawsuit. Again, I am not justifying it. I would simply be astonished, outside of further evidence if the NRA ever mentions this in anything other than a "see it's happening again" sort of way.

What should be a multi-million dollar lawsuit is the charges and the arrest.

[alvins]

If a school district is going to be vague and subjective than just go to uniforms.
Dress code has gotten out of hand. One day their ok with the way a student dresses and the next day their suspended for wearing the very same thing. Schools need to pick and choose their battles.
A shirt expressing your 2A rights is bad but a girl wearing a skirt so short it leaves nothing to the imagination is ok.
I am sick and tired of this battle with the Pearland ISD.

you forget girls clothes is a double standard in schools.

[JChoate81]

This is nothing but an attempt to make a scene by this teacher. I would love to see them say that gun shirts at school were banned. They would have to ban all political agenda prints, if I was the Dad of that boy I would make sure of it. That's the only way I see them getting away with banning anything. Next thing you know they will ban shooting clubs for 4-H and boyscouts.

[Jaguar]

UPDATE

http://www.wtrf.com/story/22587338/14-y ... ar-in-jail" onclick="window.open(this.href);return false;

He is now facing a year in jail for "obstructing an officer" when he wouldn't quit talking.

[drjoker]

I hope the family of the student files a lawsuit. Instead of money, though, I'd demand that the teachers and school officials involved be fired and their educator license permanently revoked, and the arresting officer(s) suspended until they get through their apparently thick head(s) that they can't arrest people for doing things that aren't illegal.

The problem won't go away until we start fighting the source. Maybe if corrupt educators start realizing that there are consequences for being moronic, they might back off.

gonna google the kid's address and send them a check.

[mamabearCali]

UPDATE

http://www.wtrf.com/story/22587338/14-y ... ar-in-jail" onclick="window.open(this.href);return false;

He is now facing a year in jail for "obstructing an officer" when he wouldn't quit talking.

Ah yes....the contempt of cop charge. The "we screwed up and refuse to admit it so we'd like to ruin this young mans life."

I am not saying that there are never case of obstructing an officer, but speech obstructs no one and is a civil liberty.

[VMI77]

I am not saying that there are never case of obstructing an officer, but speech obstructs no one and is a civil liberty.

You now have the liberty to say what those with power over you want to hear, or to shut up.

[cb1000rider]

I am not saying that there are never case of obstructing an officer, but speech obstructs no one and is a civil liberty.

Not all speech is protected. I can't stand up in a public school and decide to disrupt everyone regardless of the subject of my banter. IE - not all speech is protected.

I do agree here that this seems to be a cover-PDs-ass sort of charge. Like disturbing the peace or public intoxication, there is no real legal bar that isn't based on the opinion of the officer... And let's be frank, officers are allowed a degree of willfully getting it wrong.

I think there is a big pay-day here. If the kid was removed for an NRA T-shirt he was removed for constitutionally protected speech. Courts have ruled on this over and over. If he was my kid, I'd be celebrating the local school district's future contribution to his college education.

It's a shame that the PD can't come clean and say "we screwed up". My guess and maybe any on-forum LEOs can confirm that there is great liability in admitting to making an invalid arrest and it's simply better to cover with a broad and low-bar charge like obstructing an officer...

My take away, if an LEO approaches me - EVER - recording devices go on...

[Pacifist]

Too bad the kid wasn't wearing a Che Guevara shirt as instead of having him arrested, they would be planning a day of honor for him.

Such is the state of public "indoctrination," which is commonly (and erroneously) referred to as public "education."

[philip964]

Someone posted a photo of the young man and his shirt. Sorry I will try and post later.

Common sense would indicate to me this was not what you would wear to school. Unless it was some special day at school where the principal allows relaxed dress rules.

It cannot be "common sense" (getting to be a worn out cliche these days) if it does not make sense, and it does not make sense to allow a teacher to bully a child just because the teacher doesn't like the child or something that the child is wearing, and that's what I see the initial issue as being, everything else was merely an escalation of the wrong done.

Freedom of expression does not extend into a school generally. The Supremes have already ruled on this.

The fact that it has been ruled on does not stop the anti-gun nuts from trying to get a new ruling, and it should not stop anyone else that doesn't agree with a ruling, unless the antis and school districts get to play by different rules.

This was not to me a case of where a teacher did not like the NRA and used a small gun in a small logo of the NRA to be picky and find a reason to suspend the young man.

And what I see is a teacher tried to bully a child and the school district (wrongly) backed the teacher (after all, a teacher, being an authority figure, is always right, right?).

Yes the school handbook apparently did not specifically exclude drawings like this, but to me most schools would object to the shirt I saw.

If the handbook did not explicitly rule out the shirt, then it was within the rules. If the school district doesn't want that shirt worn, then the rules should say so, otherwise it gets worn no matter how badly some bully teacher dislikes it. And I fail to see why "most schools" would object to that shirt, was there something obscene, espousing insurrection or rebellion, or some such? Maybe the schools should have a rule that says no shirts can have anything, words or pictures on them (I have long been of the opinion that there should be a law against adult women wearing shirts that force you to stare at their chests to read them, particularly us dyslexics.)

To me, if they gave the young man the opportunity to turn the shirt inside out and he refused, then I have no problem with what happened. I think the young man and/or his father maybe was trying to pick a fight.

The NRA should support fights they will win. To me this is not one of them.

My revised two cents.

In light of his return to school wearing the same shirt, the NRA would easily win this one.

I'm still standing by all my comments except one. "then I have no problem with what happened" Calling the police and arresting this young man, is unwarranted, illegal and downright despicable. If he refused to turn the shirt inside out. He stays in the principal's office until his parents pick him up. I can't imagine a police officer showing up at a school and being presented with this situation and deciding arresting the young man was the solution. Unless this young man was mouthing off to the police officer, shame on all the Adults.

[cb1000rider]

Political speech has been ruled on many times within the public school context... I'd like to see the T-shirt too.
I still think this kid just bought himself a tax-payer college scholarship courtesy of some over-zealous educators and law enforcement.