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ACLU wants suspended students back in school

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By TIMBERLY ROSS / The Associated Press

Friday, Aug 29, 2008 - 06:01:12 pm CDT

OMAHA — The Nebraska chapter of the American Civil Liberties Union has called on an Omaha school district to dismiss suspensions against 23 students who wore memorial T-shirts to class.

“Going back to school shouldn’t mean sacrificing free speech rights at the school house door,” Amy Miller of ACLU Nebraska said Friday.

Officials at Millard South High School have said the students violated the district’s dress policy by wearing shirts honoring a slain friend. They said the shirts are disruptive.

The T-shirts bear the phrase “R-I-P Julius,” honoring former classmate Julius Robinson, an 18-year-old who was shot to death in May. Two other 18-year-olds have been arrested in connection with the slaying, which authorities say was gang-related.

Miller said the district has the leeway to censor messages that are disruptive to learning, but the T-shirts don’t fall into that category. Rather, she said, the shirts allow students to express grief.

“Now the school has heightened that loss by silencing any reference to their grief,” Miller said.

An official with Millard Public Schools said counselors are available to help the students deal with the loss of their classmate.

Angelo Passarelli, the district’s director of administrative affairs, said Friday that 23 students had been suspended over the past three days.

He referred questions about ACLU’s request to the district’s attorney, Duncan Young.

Young said the district wouldn’t be able to comment further on the situation because it involved student discipline.

Miller, of ACLU Nebraska, said the organization would consider legal action if the district doesn’t dismiss the suspensions.


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Rys wrote on August 29, 2008 1:16 pm:
" How in the world is a shirt honoring a dead classmate and friend "disruptive"? Talk about being cold-hearted. "

 nora wrote on August 29, 2008 1:25 pm:
" I cannot understand why authorities have a problem with the memorial shirts for their friend. Compared to what some of the suggestive or vulgar messages depict- I see nothing disruptive with these shirts. In my city ,when a 14year old was accidentaly killed, the majority of students wore shirts with his picture in his memory. "

 Sad in American wrote on August 29, 2008 1:26 pm:
" Wait a moment here....arent we in the United States of America? when did it become WRONG to support the friend, student, child, who was killed in a gang shooting? How can the school officials say this is causing disruption in class? why is it worse than a t-shirt saying "Go Huskers" or anything else for that matter....what have we come to in this country? "

 CS wrote on August 29, 2008 1:41 pm:
" If the shooting was gang affiliated than it could be considered just as disruptive as wearing a shirt that disparages gays or women or containing some sort of racial slur. It is inviting retribution and painting a target on whomever is wearing one. "

 pick your battles wrote on August 29, 2008 1:49 pm:
" How is this disruptive or distracting? The kids are in mourning which for some may be the first time they have experiences such emotion. Let them deal and help them along the way. Education should press on as usual regardless of the t-shirts. It's not like there was something vulgar or degrading to anyone. Pick your battles more wisely! "

 jb wrote on August 29, 2008 1:52 pm:
" Wait a minute people, did you just read over the part about being gang related. Have you considered the possibility that the shirts are also gang related. I don't know, but let's not jump to conclusions without more info "

 T wrote on August 29, 2008 2:11 pm:
" This is just sad. Did anyone ever think that maybe this is their way of greiving?? "

 Don wrote on August 29, 2008 3:04 pm:
" RIP is no more offensive than a person wearing a Red, White, or Blue shirt. This is America!!! Freedom of Speech. Freedom of religion. Freedom of Wrongful Prosecution???? If someone is killed by a drunk driver, is that person’s friends going to be able to wear RIP shirts, or will that offend drunk drivers and make them retaliate. "

 Dear CS wrote on August 29, 2008 6:22 pm:
" I totally agree with you. There could be gang retribution, and it could happen in school. Let's look at the big picture here folks. "

 oak williams activist wrote on August 29, 2008 6:57 pm:
" You have to have rules in-order to run a system/ organization. The fine line gets even thinner when you have to justify what images can and cannot be displayed. Does any one know what the Millard South High policy states about Images, Words, etc. printed on clothing? "

 Tyler D wrote on August 29, 2008 8:54 pm:
" So no girls were wearing shorts that were too short on those days? Are they being suspended for being disruptive? We can't just pick and choose which rules we want to follow. Thank goodness these are the only disruptive clothing items at Millard Public Schools. "

 Is there more to the story wrote on August 30, 2008 8:07 am:
" Unfortunately, the story doesn't really delve into the "gang" aspect much. Were the children wearing these shirts members of the gang that is alleged to have killed Robinson? Are they members of the gang to which Robinson belonged? Are they mourning or gloating over his death? Obviously it makes a big difference.

Despite what most people think the ACLU is a good organization to have around. I hope they will find a reasonable remedy to the situation.

Many schools are going to dress codes these days. Its not really a bad idea. "

 Bird wrote on August 30, 2008 10:09 am:
" Did these students wear the shirts last year before school dismissed for the summer?
Since the Tinker case, courts have routinely ruled on the side of schools in these "First Amendment" freedom of expression cases.

It's interesting the ACLU has cherry picked this case---OPS has the same policy and has banned its students from wearing "memorial shirts."
Amy Miller is mistaken....in the 21st century, students free speech rights DO end at the school house door...as they should. "

 I heart Amy Miller wrote on August 30, 2008 11:38 am:
" She kicks butt and takes names! Amy Miller should be the next Ernie Chambers in the Unicameral! "

 Wonder wrote on August 30, 2008 12:03 pm:
" How long has it been since some of you people have been in a high school classroom?
Aside from the higher achievers, the average high school student today can be distracted by the design of the tie a male teacher is wearing. Based on the circumstances of the young man's death, it is obvious these shirts would distract from a normal school day.

There are limits to everything in life.
"Right" is one of the most overused words in our society. "

 To Tyler D wrote on August 30, 2008 12:17 pm:
" One can presume any student in any public school who wears clothing deemed inappropriate by administrators in that school either changes their clothes, is given appropriate clothing to wear, or is asked to leave school (and may be suspended).
The difference is these students and their parents/guardians don't ask (or don't need) the ACLU of Nebraska to get involved. "

 In the wrote on August 30, 2008 3:23 pm:
" first place, the aclu is a government agency gone bad. They use taxpayer money to sue anyone, with friviolus lawsuits. They should be disbanded and use the money to pay for important things. It could be a gang related thing. The parents need to wake up and quit using the schools as babysitter-parent. "

 Omaha D wrote on August 30, 2008 3:25 pm:
" You think these children wearing the R.I.P T-shirts is disruptive, wait till the ACLU gets ahold of OPS. "

 dystopian wrote on August 30, 2008 5:44 pm:
" If gangs have a foothold in this school, I really rather doubt there is much learning of any importance going on which could be disrupted. "

 read the st amendment wrote on August 31, 2008 3:12 pm:
" Most of the posters here have never actually read the 1st amendment. While it may sound silly to suspend students for wearing certain clothing, they can if they want. The 1st amendment is a restriction on Congress to pass laws abridging free speech. It does not grant individuals freedom to say anything whenever they want. Try to yell "fire" in a crowded building and see what happens to you.

Sounds like the school is used to gang related gear being worn. It is way past time to require public schools to issue uniforms. "

 Say What wrote on August 31, 2008 8:27 pm:
" The issue here is "expressive speech"...not yelling "fire" in a theatre.

Schools routinely forbid apparel that is counter to a productive school environment (marijuana/drug shirts, some rock band shirts, or profane, sexually suggestive statements on clothing).
Since the 1960's, courts typically side with schools on matters related to "student rights."
It doesn't matter if schools can or can't suspend students for inappropriate clothing; what matters is the interpretation of the courts if a case goes to trial. "

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