July 2, 2010
WV Federal Judge Holds Impairment of School Safety Overrides Alleged Free Speech
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A free speech complaint involving the writing “free A train” on the back of a freshman’s hand at Huntington High School has been dismissed. Judge Robert C. Chambers analyzed that Cabell County School properly precluded the wearing of items supporting the man then accused of shooting a police officer (and subsequently convicted) necessary to present “a reasonably anticipated disturbance at Huntington High School.”
Although the opinion outlines with specificity the “gang” activity of Anthony “A Train” Jennings in addition to shooting Officer Ryan Bentley, Judge Chambers cautioned that the plaintiff Anthony Brown was neither a member of the Black East Thugs (BET) gang nor involved in the shooting of the officer.
Judge Chambers recognized that Anthony Brown “had his own reasons for supporting Jennings separate and apart from BET membership or gang affiliation. Outside of the school context Plaintiff’s message of support would undoubtedly be speech worthy of stringent protection under the First Amendment. The question pertinent to this lawsuit, however, is whether the speech exceeded the bounds of protected speech” in the school setting after the shooting of the police officer.
But, in a school setting, the federal judge relied upon 1969, 1986 and 1988 U.S. Supreme Court cases which allow limitations on students free speech to, for instance, avoid interference with schoolwork or discipline as well as prevention of a disturbance.
In the analysis of the case, Judge Chambers compared the “Free A Train” writings to not only gang related speech but wearing of the confederate flag by students on clothing. In one case where the flag symbol had the perception for disruption and heightening racial tensions, a federal appeals court disallowed it as “free speech.” However in 2001, the same federal appeals court upheld the wearing of “shirts that bore the likeness of Hang Williams Junior on the front and Confederate flags on the back.” In the latter case, there was no evidence that the confederate symbol would provoke racial tension, unrest or a disturbance.
Judge Chambers separates the actions of Brown from the shooting of Officer Ryan Bentley and gang activities.
“While the majority of students, teachers, and staff at Huntington High School likely disagreed with Brown’s point of view and firmly believed Anthony “A-Train” Jennings to be guilty of a heinous crime, that is not why the actions of the school’s administrators were legal. His speech would be worthy of vigorous protection outside of the school setting, and it is only because of the potential disturbance and disruption in that setting that he could be punished for expressing his views.
Likewise, while the recognition of Brown’s message in the context of gang activity at Huntington High School is crucial to the holding of this opinion, no one has argued and this Court does not believe that Brown himself was part of this gang activity.
Just as many students in the case wanted to wear the Confederate flag as a proud symbol of their Southern heritage and not as a symbol of racial suppression, Brown appears to have supported Anthony Jennings for reasons entirely separate from an affiliation with his gang.
Even today, after Jennings has pled guilty to the charges against him, Brown has a firm constitutional right to stand up and support him if he so chooses. This right must yield only when it begins to infringe on the ability of educators to safely and effectively carry out their duties to other students.
To download a PDF of the full opinion of the federal court, click HERE.
(Editor’s Note: The opinion does not address the poor choice, poor timing, However, it does explain that the student was given an opportunity to “wash the slogan from his hands” and did eventually comply, but later wrote the slogan on his hands a second time and declined an opportunity to avoid suspension stating, “I’ve got to do what I’ve got to do.”)
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WV Federal Judge Holds Impairment of School Safety Overrides Alleged Free Speech
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A free speech complaint involving the writing “free A train” on the back of a freshman’s hand at Huntington High School has been dismissed. Judge Robert C. Chambers analyzed that Cabell County School properly precluded the wearing of items supporting the man then accused of shooting a police officer (and subsequently convicted) necessary to present “a reasonably anticipated disturbance at Huntington High School.”
Although the opinion outlines with specificity the “gang” activity of Anthony “A Train” Jennings in addition to shooting Officer Ryan Bentley, Judge Chambers cautioned that the plaintiff Anthony Brown was neither a member of the Black East Thugs (BET) gang nor involved in the shooting of the officer.
Judge Chambers recognized that Anthony Brown “had his own reasons for supporting Jennings separate and apart from BET membership or gang affiliation. Outside of the school context Plaintiff’s message of support would undoubtedly be speech worthy of stringent protection under the First Amendment. The question pertinent to this lawsuit, however, is whether the speech exceeded the bounds of protected speech” in the school setting after the shooting of the police officer.
But, in a school setting, the federal judge relied upon 1969, 1986 and 1988 U.S. Supreme Court cases which allow limitations on students free speech to, for instance, avoid interference with schoolwork or discipline as well as prevention of a disturbance.
In the analysis of the case, Judge Chambers compared the “Free A Train” writings to not only gang related speech but wearing of the confederate flag by students on clothing. In one case where the flag symbol had the perception for disruption and heightening racial tensions, a federal appeals court disallowed it as “free speech.” However in 2001, the same federal appeals court upheld the wearing of “shirts that bore the likeness of Hang Williams Junior on the front and Confederate flags on the back.” In the latter case, there was no evidence that the confederate symbol would provoke racial tension, unrest or a disturbance.
Judge Chambers separates the actions of Brown from the shooting of Officer Ryan Bentley and gang activities.
“While the majority of students, teachers, and staff at Huntington High School likely disagreed with Brown’s point of view and firmly believed Anthony “A-Train” Jennings to be guilty of a heinous crime, that is not why the actions of the school’s administrators were legal. His speech would be worthy of vigorous protection outside of the school setting, and it is only because of the potential disturbance and disruption in that setting that he could be punished for expressing his views.
Likewise, while the recognition of Brown’s message in the context of gang activity at Huntington High School is crucial to the holding of this opinion, no one has argued and this Court does not believe that Brown himself was part of this gang activity.
Just as many students in the case wanted to wear the Confederate flag as a proud symbol of their Southern heritage and not as a symbol of racial suppression, Brown appears to have supported Anthony Jennings for reasons entirely separate from an affiliation with his gang.
Even today, after Jennings has pled guilty to the charges against him, Brown has a firm constitutional right to stand up and support him if he so chooses. This right must yield only when it begins to infringe on the ability of educators to safely and effectively carry out their duties to other students.
To download a PDF of the full opinion of the federal court, click HERE.
(Editor’s Note: The opinion does not address the poor choice, poor timing, However, it does explain that the student was given an opportunity to “wash the slogan from his hands” and did eventually comply, but later wrote the slogan on his hands a second time and declined an opportunity to avoid suspension stating, “I’ve got to do what I’ve got to do.”)
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