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Shouldn't we hold public officials Liable?

LCShivelyLCShively Member Posts: 22 ✭✭
If only public officials could be held liable for the the costs involved in an action like this, both the school board and the school administration would have to pay all costs involved, this type of frivilous crap would stop.
Is it too much to ask? The school distric here has spent untold money to persue this, and it has cost the NRA a bunch also, I want them to be held personally accountable!
Am I wrong?

Lance

quote:LEGAL VINDICATION REVISITED

In the December 5, 2003, edition of the Grassroots Alert, we reported on the case of NRA member Alan Newsom, a seventh grade student in Virginia`s Albemarle County Public School system. A lawsuit filed by the NRA Civil Rights Defense Fund on behalf of Newsom charged that the student`s First Amendment rights were violated when his school banned him from wearing an NRA Youth Sports Shooting Camp T-shirt that he had received after attending an NRA-sponsored firearm safety camp.

On December 1, 2003, a unanimous decision by the U.S. Fourth Circuit Court of Appeals reversed a previous opinion by the U.S. District Court, and barred the Albemarle County school district from enforcing the dress code, which prohibits its students from wearing clothing portraying images of firearms. The Fourth Circuit found the Albemarle school dress code to be overly broad and likely unconstitutional under the First Amendment`s protection of freedom of expression. It applied Supreme Court precedent in the landmark decision of Tinker v. Des Moines School District holding that "the dress code can be understood as reaching lawful, non-violent, and non-threatening symbols of not only popular, but important organizations and ideals."

To punctuate its findings, the Appeals Court noted that the code, as written, would prohibit clothing displaying the Virginia state seal, the musket-toting mascot of one of the counties own high schools, images showing support for our military troops abroad, and the crossed-sabers logo of the University of Virginia. The court stated, "Banning support for or affiliation with the myriad of organizations and institutions that include weapons (displayed in a nonviolent and non-threatening manner) in their insignia can hardly be deemed reasonably related to the maintenance of a safe or distraction-free school." The court concluded by stating "it is evident that the . . . Dress Code disfavors weapons, displayed in any manner and in any context, and potentially any messages about weapons. It excludes a broad range and scope of symbols, images, and political messages that are entirely legitimate and even laudatory."

Trying to regroup and recover from this defeat, the school system subsequently filed a petition for an en banc rehearing of the case before the Fourth Circuit. On January 6, that petition was denied, sustaining the Fourth Circuit`s ruling that a Preliminary Injunction is warranted in the case.

This ruling bars the school district from enforcing its dress code as it relates to "non-violent, non-threatening and lawful images and messages related to weapons" pending a full trial on the merits.

Comments

  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    HooooooooRah for the 4th circuit, I was beginning to wonder if any of them new what the constitution was anymore. And yes, the members of that school board should personally be responsible out of their own pockets, for this kind of stupidity. If you hit 'em in the pocketbook, and this applies to all frivolous lawsuits, I think that might wake up the common sense side of there brain.
  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    And HOORAY for the NRA Office of General Counsel attorneys who worked on the case!!!!!!!!!!![:D]
  • Salvage33Salvage33 Member Posts: 1,182 ✭✭✭✭✭
    edited November -1
    Glad to hear that at least ONE court knows about freedom of speech!! Am still trying to make a decision to buy an ad in either the local paper or on local radio within the 30 day minimum to blast an anti 2nd Amendment presidential candidate just to see how hard they will come down on a citizen who wants to express himself. As I understand it, my 1st Amendment rights to political free speech were tossed out with the trash by the Supreme Court when they upheld the McCain-Feingold Campaign Finance Reform Bill.

    Ah well...I still need to vent...just not here!

    John

    An armed society is a polite society.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    Salvage333: I like your attitude. What gets me is how in the he!! did congress ignore that paragraph in the US Constitution which say something to the effect of "Congress shall make no laws restricting free speech" and then went and made such a restrictive law regarding freedom of political speech? I would think this would upset the anti-gun or liberal groups just as much as the pro-gun or conserative groups. Except for the fact that there are "exceptions" in this so-called "campaign reform law' in that certain "special" groups/organizations can still speak our and of course those are the left-wing, liberal media. So that means the anti-gun, left-wing,liberal groups will still get their message out. So in that regard I assume they won regarding this particular restriction of free speech.

    Hey, how come no congratulations to us NRA members about the NRA filing suit and winning about that young man wearing an NRA t-shirt to school? The NRA has limited money and just as with me and my limited money, I have to be careful and pick and chose only a limited of things to spend my money on. The bad thing about that court case is that even when we "win" we lose in that it cost us a lot of hard earned money and funds that could be better spent on other things. But our opposing side, the school board, has "unlimited" money in that when it needs more money it merely uses it's "police power" to extort more money from the taxpayers. By that I mean the school board assesses the taax on you and if you refuse to pay they send people with guns to force you and your family from your house and they take possession.

    Quote "When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions."
  • pickenuppickenup Member, Moderator Posts: 22,350 ******
    edited November -1
    WOW...a good post? Hmmmm........

    The gene pool needs chlorine.
  • longhunterlonghunter Member Posts: 3,242
    edited November -1
    Well of COURSE they defended him!!! It WAS an NRA shirt after all was it not?? I wonder if they would have spent the time and effort if it was a private shooting club shirt...A good victory I concede.I just wonder if it was for the right reasons....But I will take the victory ...sure.Had I known as a NON member I STILL would have sent a donation to assist with the case.....But they would'nt have wanted my NOn-member money would they?NO,thenm they would have to thank others than themselves...Let them puff all up like the rest of the burecrats,at least they won one........
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