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School Bans Pro-Life T-Shirt - Seventh Grader Sues
Filed under: In The News, Religion & Spirituality
Did a school have the right to ban this T-shirt? Photo: American Life League
Anna Amador says the principal at McSwain Elementary School, a K-8 school in Merced, Calif. ordered her daughter to take off the T-shirt she wore to school on "National Pro-Life T-Shirt Day" in April 2008. The shirt displays two graphic photos of a fetus in the womb with the word "growing" under the images. A third box is black, and features the word "gone."
The complaint alleges that school principal Terrie Rohrer, assistant principal C.W. Smith and office clerk Martha Hernandez mistreated the child, who was allegedly ordered to throw away her breakfast, dragged from the cafeteria, berated and forced to take off her shirt. Amador says he daughter was publicly humiliated in front of her classmates, and that none of the child's fellow students had complained about the shirt.
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"Upon arriving at the main office, Defendant Hernandez, intentionally and without Plaintiff's consent, grabbed Plaintiff's arm and forcibly escorted her toward Smith's office, at all times maintaining a vice-like grip on Plaintiff's arm. Hernandez only released Plaintiff's arm after physically locating her in front of Smith and Defendant Rohrer...," reads the complaint. The document also states that the student was told never to wear the shirt to school again, and that the garment was not returned to her until the end of the school day.
Anthony N. DeMaria, attorney for the McSwain Union Elementary School District, says that the school has a strong defense, and it disputes several of Amador's allegations. In fact, the district sought to have the complaint thrown out, but a U.S. Eastern District Court judge ruled last month that all but one of Amador's claims could go forward.
Because the school houses grades K-8, Amador may not have as strong a case as she hopes. Precedents have been set in similar cases, where certain kinds of speech have been ruled as detrimental to young kids. However, William Becker, Amador's lawyer, asserts that the shirt did not sport inappropriate messages.
"The message of the T-shirt is that life is sacred," says Becker, a First Amendment attorney. "One would be very hard pressed to find anything wrong with that particular idea, except that some people do object to the political message."
As a journalist, I don't think speech of any kind -- no matter how distasteful -- should be censored. What if students who protested the Vietnam War had been censored? In fact, the Supreme Court ruled that students could not be stopped from wearing black arm bands to signal their dissent during that era. If what Amador alleges is true, the school district should, indeed, be held liable. Some might not like the shirt's political message, but squashing her right to speak -- or wear -- her opinion is a slippery slope, indeed.
That said, is it right for kids that age to act as billboards for causes they may or may not understand? It's true that children grow up faster these days, but I'm not all that comfortable with seventh-graders sporting messages like those worn by Amador's daughter when they don't really have the maturity to grasp all the nuances of such a polarizing issue.
Should kids wear politically charged T-shirts to school, and do officials have the right to ask them to remove them? Or is this the modern version of book-burning?
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ReaderComments (Page 5 of 34)
7-08-2009 @ 7:08AM
cynthia said...AMEN. Oh can I say AMEN or will that make some one upset. I'm sure it will make the OBAMA'S upset since they are un believers.
7-08-2009 @ 6:51AM
RhinoBarbarian said...Simply put, that violated that young girls right to free speech. Which, last time I check The Constitution, we still have. I am pro-life. But that isn't the issue here. If this story would have been exactly the same except she was wearing a pro-choice shirt, I would still feel that what the school did violated her First Amndment rights.
Reply
7-08-2009 @ 6:50AM
SPS said...I support school uniforms. Less distraction = more learning. Yes - expressing opinions should be encouraged in today's classrooms but developmental appropriateness should not be forgotten. I certainly hope the student was not Grabbed" out of the lunchroom. Modeling respect will get you respect - a lesson we all can learn from.
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7-08-2009 @ 6:59AM
Keith said...How many adults understand the issue. Age may be a factor but not for free speech. We don't give IQ test to people before granting free speech. With any speech there will be the possibility of distraction, this is not an adequate reason to restrict it.
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7-08-2009 @ 7:01AM
ChuckL said...The First Amendment has nothing to do with this incident. Schools have every right to make rules of this type, though if the girl's version of what happened is true, the school officials handled it all very badly.
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7-08-2009 @ 7:02AM
cynthia said...If the child had on a t shirt that supported Malcom X I am sure it would have been alright. There are doulble standards in this country and I am sick of it. If this had been a black child Al Sharpton would have been in the streets with his followers asking to close the school and demanding money for the family for racism. What has gone wrong with this country? Oh yea I know, we have an idiot in the white house along with a wife who is no better.
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7-08-2009 @ 7:25AM
ila.blake said...When you speak of the declination of "democratic priciples",it is interesting that you call names and use a totally unrelated idea system to promulgate hidden racists ideas. Read" The Medium is the Message" by Mccluen.The purpose of the"free market place of ideas is to exchange ideas.What of the religous sects who would be intimidate by their childrens exposure to this "highly sophisticated knowledge .What are their rights? Remember there are limits on free speech regardless of the subject.Please read "The gravity of Evil Doctrine",Clear and Present Danger" to Supreme court rulings on the limitations of free speec and others that would tend to allow "informed Opinions"Also "double Standards"100 years of lynchings,Anne frank,sufferagates and womens rights,The female Mystic all point out societal discrepencies and the application of Democratic priciple to minority groups.Where were you when mei lei massacre happened? Four Little girls?If you are truly for a balanced America read U.S. Constitution and then appy PRICIPLES TO ALL CITIZENS"LIFE IS A TALE TOLD BY AN IDIOT FULL OF SOUND AND FURY"
7-09-2009 @ 10:07PM
sh91767 said...I find it amazing that no matter what the topic, it can always come down to a "black/white" thing. I am sure you are the same person that says that you don't see skin color just people and certainly can't understand why everything has to be about color. Well your comments answer that question.
By the way, when these type of conflicts occurred when GW was in office, was it because he was white?
7-08-2009 @ 7:07AM
Don't blame me I voted for Fred said...So, I guess it would be okay if she had wore a gay right shirt then?? Of course it would because apparently It's more important to support sickos of the same sex getting married then saving the lives of innocent children, who's parents are irresponsible and don't care if they could had done something with their life that were stolen from them.
Reply
7-08-2009 @ 12:23PM
Mistress Lenore said...If you want your kid to wear a school uniform, please send them to a private school. Public schools ought to foster individualism and prepare kids to relate to others regardless of appearance. Uniforms do not minimize class distinctions or fighting, in my humble opinion. Kids will always find factors for separating into cliques and stuff to argue about. Fashion is not the enemy, and neither is free thought (or free speech).
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7-08-2009 @ 7:20AM
ssgchester1 said...Ya know...If the kid was wearing a PRO-CHOICE t-shirt would the same thing have happened?
Maybe not.
But the Pro-Lifers would be out in droves.
The Abortion issue has gotten way out of line.
Weather you're Choice or Life.
Personally, this is the way I feel about it...
1. It is an issue between a women and her doctor. Nobody else's.
2. People need to quit sticking their noses in other peoples personal and private business. They have no right, or privilege to do so. So, people need to mind their own business.
3. Abortion is legal. Deal with it.
4. This is America, not Communist North Korea, Not Iran, Not Saudi Arabia, Not Communist China, Not Communist Cuba.
If you feel you need to stick your nose into other people personal business, then please, move to these countries.
You'll be much much more happier there, with your own kind.
5. You cannot legislate morality. They tried that once with alcohol. It failed, badly.
6.Grow up about sex education. Teaching abstinence only is a total failure. Teach people about birth control. Prayer does not work.
To prove that, do the following:
A. Piss in one hand.
B. Pray in the other.
C. See which fills up first.
7. Quit using children as your tools. Especially you're children. That only shows cowardice since you're not willing to actually put your rear on the line.
This is all right up there with Intelligent Design and trying to get prayer back in the schools.
It's been settled in the courts, so deal with it. OK?
Reply
7-08-2009 @ 7:54AM
Joy said...What about FREEDOM OF SPEECH??
7-08-2009 @ 9:33AM
Sandyone said...You know, slavery used to be legal. Legal does not mean moral.
As for the rest of your points, I dare you to listen to this video:
http://www.youtube.com/watch?v=wOR1wUqvJS4
You probably won't, though, because you know you'll see a well reasoned discussion of most of your argument. It's tough to be taken to school by a pre-teen.
7-08-2009 @ 7:17AM
Cindy said...People will sue over anything these days..
Reply
7-08-2009 @ 7:50PM
sunny said...The girl has First Amendment rights as well as an adult. The principal should know about Freedom of Speech specified in the U.S. Constitution. Why didn't they simply send the girl home to change the "offensive" T-shirt instead of making a fuss and thowing out her breakfast? She needs to eat in order to learn well, and if the T-shirt offends them so much, then they should either contact her parents or ignore it. Simple.
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7-08-2009 @ 7:41AM
Amy said...The issue here isn't about what her t-shirt actually said, it's about the fact that it is inappropriate to wear ANY political message in school. No matter whether the child can understand the message or not, that isn't the point. It creates distractions in an environment that already has too many of them, and the school has the right to cut down on the unnecessary ones. She has the right to wear that shirt any other time she wants, so why is it so important to wear it during school? I agree with the previous posts that talk about uniforms being a good idea- it keeps this type of issue from coming up. Then kids can focus on what is important- learning- rather than trying to spread a political agenda.
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7-08-2009 @ 7:43AM
Teacher Mom said...I have taught middle school for several years and am a mother of three children (16, 14, and 10). Anyone who believes that a seventh grader does not fully understand the implication(s) made by a "pro-life" shirt is ignorant and minimalizes the intelligence of today's youth. (If that is the case, no other student would have understood the significance of her shirt and therefore it is not offensive - right?) Perhaps such individuals should spend a week in a middle school sex education class to understand the depth of information that is imparted...or possibly merely eavesdrop on the conversations middle schoolers have in the hallways, locker rooms, or cafeteria. Is it any surprise when they are continually exposed to sexual promiscuity on tv, in ads, etc? Many of these middle schoolers are already having sex themselves. What is being suggested - that morals and straight talk may be offensive to people and therefore censured? Is it any wonder that in today's society it seems that "anything goes" in a climate of moral relativism...anything but the moral right that might be offensive or hurt the feelings of someone who considers abortion a viable birth control option?
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7-12-2009 @ 1:00AM
John Marinkovits said...Most of you are missing the point, and maybe the facts. It is the SCHOOLS policy, which thee parents were aware of when they enrolled the kid in the school. If they disagreed with it then they should have tried to change it. But I guess most of you would scream 'LAWSUIT' when an issue arises which conflicts with the schools policy. All the statements I've read are coming from the parents. So....whose opinion/belief is associated with the T-shirt? The parents will lose, the lawyer will mutter whatever they want to hear, he gets paid regardless (his name is already splattered on the news).
What am I saying?
Try actually READING the stuff schools (and all institutions) give you and use what sense God gave you to try to understand how it applies to YOU! Or do what most people do, throw it away and cry ignorance when an issue arises.
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7-08-2009 @ 7:43AM
shaylal said...Look, I am pro-choice. But unless that t-shirt had graphic abortion slogans or pictures, she should be able to wear it. She, and her parents, have the right to express their opinion as long as it does not offend anyone else. I think a young lady should start to think about these issues now so that they can make better choices in life. I am not saying expose your children to inappropriate things for their age, but there were no curse words or graphic pictures. Why cant she or her parents express themselves this way?
Reply
7-08-2009 @ 7:51AM
Fat Willie said...Everyone at every age has an opinion on things.
The school over-reacted. They will lose this fight. Dumbasses.
And how did I form my opinion? Just like everyone else, through my life experiences, I'm a middle school teacher. If there had been words over this shirt in the classroom it would have been my responsibility to correct the situation. If that couldn't be done then an administrator would have been called in.
Just another politically correct situation gone awry and more evidence that our country is going down the tubes. There was no intelligence or common sense used in this situation. It is all about "PC" and procedure.
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