Hey, Cops And School Administrators: A Cotton T-Shirt Does Not Shoot Bullets
Or even peas.
It's an inanimate object. It's just a form of expression.
Yes, this is actually a mini-lecture that seems to be necessary for West Virginia cops and school officials.
Jared Marcum, a 14-year-old student, was suspended and arrested for wearing an NRA-logo shirt with an illustration of a hunting rifle and the words "NRA: Protect Your Right."
Law prof Jonathan Turley blogs:
Marcum was stopped by school secretary Anita Gore, who instructed him to turn the shirt inside our or face suspension from school. Another teacher David Burroway agreed the shirt violated the dress code and pulled him to the principal's office by his arm, according to the lawsuit. He was told to turn the t-shirt inside out and protested. An argument ensued. Now at this point, I believe that the teacher is wrong to deny this small act of free speech, but I also believe that Marcum is wrong to get into an argument with a teacher. He should have complied or, better yet, asked to see the principal. However, at most this is a simple question for a teacher-parent meeting and not a matter for the police. It seems that the teacher allowed this to escalate in the lunchroom and Marcum should have been more respectful.The family is now seeking $200,000 in compensatory damages and $250,000 in punitive damages for alleged violations of Marcum's First and 14th Amendment rights. The school's own dress code will be the foundation for the lawsuit because the tee-shirt will be defended as not having violent or threatening image. It could offer an interesting point of analysis for free speech. Gun ownership is a constitutionally protected individual right. Would a tee-shirt proclaiming the need to protect free speech be viewed as violent if it showed the minutemen or an image from the French Revolution?
...Despite the public outcry over the completely irrational and abusive application of zero tolerance rules, administrators and teachers continue to apply them blindly. If you do not have to exercise judgment, you can never been blamed for any failure. Conversely, even when the public outcry results in a reversals, teachers and administrators never seem punished with the same vigor for showing no judgment or logic in punishing a child.
By the way, the kid's shirt doesn't seem to violate the school's dress code policy:
Logan County Schools' dress code, which is posted on the school system's website, prohibits clothing and accessories that display profanity, violence, discriminatory messages or sexually suggestive phrases
It displays none of those things. And the kid knew the code and tried to talk sense to the zero sense/zero tolerance adults, who were having none of that. I admire him for standing up for his rights -- to the point of arrest and suspension -- while only 14.
Oh, and nice that the kid can read and think, even if administrators and cops in charge of him can't.








Agree that the kid should be peaceful but glad his parents are suing.
A NRA t-shirt for pete's sake. Yikes! What's next? A depiction of a cross? Or, heavens, maybe even a "Thank God it's Friday" shirt.
Bob in Texas at May 14, 2015 6:02 AM
He absolutely should sue. I'm surprised the ACLU isn't involved. This is plainly a free speech issue.
Patrick at May 14, 2015 6:19 AM
Would a tee-shirt proclaiming the need to protect free speech be viewed as violent if it showed the minutemen or an image from the French Revolution?
You mean like a painting from the French Revolution (of 1830)?
Trigger warnings: armed people, dead bodies, and BEWBS!!!
I R A Darth Aggie at May 14, 2015 10:06 AM
Also, putting your hands on a kid and dragging him somewhere could be considered assault
lujlp at May 14, 2015 10:34 AM
$200K in compensatory damages and $250K in punitive?
Maybe the punitive number is about right, but in what conceivable way was the kid harmed to the tune of $200,000?
Secretary, teacher and principle were dicks for the wrong reasons and the kid had a bad day. So bad of a day that he needs a fifth of a million dollars in restitution? Get out of here.
Leo at May 14, 2015 12:02 PM
The cops involved need to be criminally charged with violating the kid's civil rights. Either they knew better or they aren't qualified to be cops. Or both.
jdgalt at May 14, 2015 4:37 PM
Now I want a poly-cotton blend gun that shoots yarn bullets.
Ben at May 14, 2015 5:43 PM
Venturing a guess here in that the "educated" elites saw the gun and thought "Violence!"
Yep, I agree, Amy, the kid can read and think while the adults at that school cannot.
charles at May 14, 2015 5:59 PM
"Maybe the punitive number is about right, but in what conceivable way was the kid harmed to the tune of $200,000?"
Compensatory damages are about harm ( and legal fees) which can be substantial.
Punitive damages are awarded when the court thinks that certain acts and policies are so egregious, especially when they trample on your constitutional rights, that they want to send a bitch slap to the agency being sued so they learn that they shouldn't pull this shit again.
Also what you ask for, isn't always what you get....
Isab at May 14, 2015 9:34 PM
*"educated" elites *
And the WORST of the "EDUCATED ELITES" are those Ivy League bastards! Seriously, anyone who wastes time at Columbia or Harvard or Yale are nothing but sissified ivory-tower pansies, effete ineffectual intellectual snobs, useless anti-American Red Diaper babies!
George W. Bush, for instance, or George H.W. Bush, or even Eisenhower, who actually RAN Columbia!! WTF did Eisenhower ever do to protect America with violent military action, anyway? NOTHIN'!
Damned educated elites. They're probably Commies, too.
Gog_Magog_Carpet_Reclaimers at May 15, 2015 1:07 PM
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