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Posted: 9/18/2002 8:47:41 PM EDT
[url]http://www.nraila.org/NewsCenter.asp?FormMode=Detail&ID=1971[/url]

or

NRA Assists 12 Year-old in Civil Rights Violation Fight


Today, the National Rifle Association's (NRA) Civil Rights Defense Fund filed a First Amendment civil rights lawsuit on behalf of 12 year-old Virginia NRA member, Alan Newsom. The lawsuit charges the principal and vice-principal of the Jack Jouett Middle School and Albemarle County School Board Superintendent and Board members with violating Newsom's civil rights when they banned him from wearing a NRA logo-ed Youth Sports Shooting Camp shirt to school.


On or about April 29, 2002, Alan Newsom was forced to remove his NRA Sports Shooting Camp t-shirt by the vice-principal and told to turn the t-shirt inside out because she considered the NRA shirt illustrations of individuals involved in shooting sports in violation of school policy. Although Newsom was ordered to forfeit his right to free speech and association under threat of school suspension, at the time of the demand there was no rule that prohibited clothing depicting shooting sports.  


When the NRA notified school authorities that the action violated the student's civil rights, the school subsequently added a provision for the 2002-2003 school year barring any clothing associated with "weapons" and "violence."  


"The facts are clear.  Alan Newsom was singled-out by the vice-principal because he was wearing a NRA t-shirt.  The t-shirt clearly depicts individuals involved in shooting sports. The images are in no way inappropriate or violent.  This is a blatant infringement of young Alan's Constitutional rights.  I was dumbfounded when I learned of the facts of this case after Alan's parents contacted us and didn't hesitate to take up this challenge.  I am proud to say that the NRA stands with this brave young man," NRA's Executive Vice-President Wayne LaPierre said of the case.


The lawsuit, which seeks $100,000 in damages and $50,000 in punitive damages plus costs and attorney fees incurred in vindicating Newsom's civil rights, was filed in the U.S. Federal District Court for Western District of Virginia, Charlottesville Division.  Among the twelve counts included in the Federal suit are free speech and due process violations under federal and state constitutions.


"The NRA wholeheartedly supports the reasonable prohibition of images on clothing depicting violence in a school setting.  However, to preclude a student from wearing an article of clothing because it may run counter to the viewpoints or political beliefs of some school officials is deplorable," LaPierre added.  In Tinker v. Des Moines School District, the U.S. Supreme Court held "[i]n order for the State in the person of the school officials to justify prohibition of a particular expressed opinion, it must be able to show that its actions were caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.


The lawsuit also challenges the  ambiguity of the new school rule which will not only affect all NRA logos, but also the Great Seal of the United States, the United States Army logo and the state seal of the Commonwealth of Virginia – all with images of "weapons" that would fall within the prohibitions of the school's new policy.


"This is clearly a case of political-correctness running unchecked.   Alan is a good student who has no disciplinary problems in school.  He developed an affinity for shooting sports and his father enrolled him in a NRA Youth Safety Camp to learn basic firearm safety.  Alan aspires to represent his country in the Olympics someday.  The school authorities harassed and breached Alan's First Amendment rights merely for his interest in the NRA and shooting sports," LaPierre concluded.


The lawsuit noted that, ironically, Jack Jouett Middle School is named for an American Revolutionary War hero who is known for his famous ride on June 3, 1781, in which despite the potential for personal peril, he rode through the night from Louisa, VA to Monticello to warn Thomas Jefferson, Patrick Henry and other parties that British troops were on their way to arrest Jefferson and others for signing the Declaration of Independence.  In appreciation for this act of bravery the Virginia Legislature awarded Captain Jack Jouett a sword and a pair of pistols.


The 131 year-old NRA is the nation's oldest civil rights group that advocates enforcement of existing laws to prosecute and punish violent criminals.  The NRA is the nation's leader in teaching youth gun safety and promoting marksmanship nationwide.  The Association has about 4 million members across America.

******************************************

Glad to see some tax dollars might go to the NRA. The same stinky school system tried to make me turn various shirts around when I used to go there. Stick it to 'em NRA [beer]

____________________________________________
[marines]
Link Posted: 9/18/2002 9:50:56 PM EDT
[#1]
hmm... School policy VS. The Constitution.

This should be interesting.

Gaspain
Link Posted: 9/19/2002 4:19:24 AM EDT
[#2]
Link Posted: 9/19/2002 4:57:20 AM EDT
[#3]
too bad the nra cant take a stance like this for real corruption in govn'[rolleyes]
Link Posted: 9/19/2002 5:14:39 AM EDT
[#4]
Glad to see my membership money is at least going for a lawsuit. I guess a lawsuit that is worth something could be down the road
Link Posted: 9/19/2002 5:34:32 AM EDT
[#5]
How is it that shooting is automatically associated with violence? I didn't know that Camp Perry was 'violent'.... unless you are the paper of course. That must be it! Ban guns... do it for those poor paper targets.
Link Posted: 9/19/2002 5:44:14 AM EDT
[#6]
Link Posted: 9/19/2002 9:50:26 AM EDT
[#7]
If that anarchist ho can sue her high school for not being allowed to start a anrachy club, then I'm ALL FOR THIS.
Link Posted: 9/19/2002 10:09:01 AM EDT
[#8]
Link Posted: 9/19/2002 10:13:03 AM EDT
[#9]
Instead of working to roll back all the idiotic gun laws, the NRA is wasting our money with this dog & pony show.  What a fucking joke!
Link Posted: 9/19/2002 10:53:08 AM EDT
[#10]
Link Posted: 9/19/2002 11:05:44 AM EDT
[#11]
Quoted:
Instead of working to roll back all the idiotic gun laws, the NRA is wasting our money with this dog & pony show.  What a fucking joke!
View Quote


Point taken.  But still, some of these small battles can make a big difference.  Think about what message it is sending to the students.  The Principle (the man) is against you having free expression and guns.  They will now understand that these are freedoms that need to be fought for, not just in war but also in the courts.  We may have just won a bunch of young minds to our side.

Link Posted: 9/19/2002 11:08:34 AM EDT
[#12]
Batman -
 Could you please post the cites?  Against my better judgement, and despite my lack of patience with the entire tort process, I am trying to kick over a personal interest in law...

 This does not change my base opinion, tho - the America Legal System is currently at risk of collapsing under its own weight.  Perhaps it will become a point singularity - I wonder how far out the Event Horizon would be?  Comments?

FFZ
Link Posted: 9/19/2002 11:22:14 AM EDT
[#13]
kid must be pretty brave to take on the system like that.  my hat is off to him!  we need more people like him to stand up and say, "wait a minute! that isnt right!"
Link Posted: 9/19/2002 11:22:51 AM EDT
[#14]
Anarchist Slut v. NRA Boy

Looks like a completely different set of facts.  In one, you have a school policy that has nothing to do with violence and the other, you have a girl about to get killed because of her image.  

I think they'd have to show some correlation between the images of weapons and violence, while in the other, there's a DIRECT, OBVIOUS AND EMMINENT danger to the psycho slut wench.

I think they'll allow the kid to wear the shirt, since the only distraction in school is what the teachers are creating!
Link Posted: 9/19/2002 11:45:14 AM EDT
[#15]
Link Posted: 9/19/2002 12:30:16 PM EDT
[#16]
Quoted:
Well, I guess he could have been wearing one of these..

[url]http://www.tshirthell.com/shirts/tshirt.php?sku=a20[/url]

[url]http://www.tshirthell.com/shirts/tshirt.php?sku=a03[/url]
View Quote


COZ, I'm getting all Red X's when I click on your links[>:/]
Link Posted: 9/19/2002 2:45:17 PM EDT
[#17]
Link Posted: 9/19/2002 2:48:50 PM EDT
[#18]
Now that 2nd shirt COZ is just not right. [:X*]

Anyway, the kid didn't really initiat it this time. He told his dad what happened adn his dad e-mailed the NRA, well, here is the local papers story from yesterday....

[url]http://www.dailyprogress.com/news/MGB8D3NQ86D.html[/url]
Link Posted: 9/19/2002 4:35:27 PM EDT
[#19]
Quoted:
This should be very interesting.
Especially considering that the precedent has been set regarding shirts with controversial messages.
The school policies don't stand a chance, if the court recognizes the 2 month old ruling on the anarchy chick's shirts.
View Quote


I remember when this suit was filed, but I didn't hear the results.  Do you have a link to the story?
Link Posted: 9/19/2002 4:43:03 PM EDT
[#20]
Quoted:
Guys, we just covered this area of law in law school.  The prevalent test is that if the censored expression contains a viable religious or political connotation, and is not obscene or vulgar, and does not distract from the educational process, the expression is to be protected.  I can cite case law if anyone is interested.

View Quote


Have any courts considered some type of firearm related expression political?  The courts seem willing to uphold all sorts of seemingly unconstitutional restrictions on ownership and use of firearms.  What is to stop them here?  I'd be interested in the case law, too.

Thanks
Link Posted: 9/19/2002 7:15:03 PM EDT
[#21]
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