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Shouldn't we hold public officials Liable?
LCShively
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.
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
Ah well...I still need to vent...just not here!
John
An armed society is a polite society.
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."
The gene pool needs chlorine.