School Bans Pro-Life T-Shirt - Seventh Grader Sues
Categories: Teens & tweens, In The News

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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Reader Comments (Page 1 of 34)
KAG 7-08-2009 @ 6:10AM
My only question would be, is this the real view of the child? or is it the view of the parent , and the child wore the T-shirt to please the parent? I am not sure at that age a child would have already of formed a true opinion on the subject , other than what it was being taught to belief. Its a shame if she was "grabbed out of the lunch room and marched to the principles office" That is what I do not like at all.
Reply
Christy 7-08-2009 @ 6:54AM
Why is it so inconceivable that a child of any age could not understand God's gift of life and the wrong of abortion in taking that away? We really think our children are stupid, don't we? Yet we can expect that same age child to understand U.S. History, World Geography, etc. How is this so inconceivable that a child of any age could not have an opinion on the matters of life?
Travis 7-08-2009 @ 7:00AM
I wonder how long it would have taken the ACLU to get involved if this had been done to a student wearing a pro-choice shirt. I do believe strongly that this girl is merely echoing the sentiment of her parents, and that the t-shirt was probably too mature for her school. This is no different to me than a child wearing a "legalize weed" shirt to school. The age in question is way too young to understand the intricacies of the issue, and the potential firestorm that could result from choosing sides. If the school handled the situation as reported, then they were way out of line. They need to be held accountable for their actions, and learn a simple term...TACT.
Sue 7-08-2009 @ 7:13AM
Many kids at this age are sexually active and they certainly know where babies come from. We have sex educatuon at this age in school and she is able to get an abortion on demand. So what is wrong with this T shirt. Our kids in 7th grade are far smarter than we give them credit for. I am sure kids at this age have seen things far more graffic in the movies and video games. I hope she ends up with enough money to go to college at the least
Virginia 7-08-2009 @ 9:22AM
I completely agree with you and add that I feel the shirt was inapproriate for the girls to wear to school particularily a middle school. This situation had to have had some parental involvement.
Tigerlily 7-08-2009 @ 7:50AM
KAG
You don't know kids very well if you're wondering if the girl wore a tshirt that she didn't want to or didn't have her own strong opinions about. No kid over the age of 8 would do that but not esp a 7th grade girl! Trust me.
It cracks me up that they feel K thru 8th graders would be harmed by seeing that shirt since they see much worse on TV everyday.
And what about when you take a kid with you to the doctors? Don't they think they see things like posters of kids shooting up and fetus development? That school is ridiculous. "Inappropriate subject matter" like drug and alcohol use...Yeah right.
Sandyone 7-08-2009 @ 9:33AM
http://www.youtube.com/watch?v=wOR1wUqvJS4
Check this video out and then tell me a 12 year old can't understand the issues.
And my preschoolers understand that life is sacred. You want to go make it all complicated so that you can justify abortion, but kids see through all the BS. As they get older, they begin to understand the different reasons why someone might *want* an abortion, but they also realize that it doesn't change abortion's wrongness.
But, seriously, I dare you to watch the linked video.
witchdoctor 7-08-2009 @ 8:04AM
Inflammatory language like "grabbed" and "marched" is foolish. She was WALKED from the lunchroom to the office, no grabbing, and told to call home and get another shirt- standard policy. Political or racial shirts are not allowed either. The parent of that kid would be the first one in the principal's office if someone were wearing a pro-choice shirt, or an emblem promoting the muslim religion. Idiots.
chaz 7-08-2009 @ 8:22AM
"Grabbed"
I have 14 nieces and nephews combined, they have all taken martial arts since their early years. They have been taught that if anyone other than their mother or father touches them in a way they feel is inappropriate they are to HURT them. This includes teachers and clergy. NO ONE should grab a child. They have also been taught that no article of clothing is to be removed unless a parent is informed and tells them to remove it.
I grew up in a home where the only people who were able to touch us was our parents, aunts, and uncles when it came to discipline. My mother knocked a nun to the floor who hit my older sister in middle school, because my sister had her hair teased (yes it was the 1960s.) NO ONE SHOULD TOUCH A CHILD THAT IS NOT THEIRS.
Linda 7-08-2009 @ 8:31AM
Regardless of what, whom believes and why they have what rights ... It all boils down to there is a time and place for everything. Just like we should never wear a white dress to a wedding. We should never wear a parka in the pool. Never wear a nightie to church and don't wear political or profane slogans in school.
What happened to common sense?
Kim 7-08-2009 @ 8:41AM
So you don't think that a 7th grader is old enough to form an opinion about abortion? I guess if a 7th grader believed in God then they wouldn't be old enough for that belief either. And I suppose that since a "fetus" isn't viable to live outside the womb than it's okay to abort it.
maria 7-08-2009 @ 8:59AM
I agree that it was completely inappropriate for the school officials to "grab her forcibly" because that could be considered a case of assault (this is America, everyone sues for everything they possibly can). As far as punishment for the shirt or the ordering for her to remove her shirt, I find this completely appropriate. There's a time and a place for everything. K-8 schools, as this one is, have dresscodes. While the shirt may not be vulgar,promoting drugs, or sexually explicit, it still disrupts the classroom environment. The shirt could have easily been worn outside of the school, school doesn't end past 4pm, there are still hours in the day for the shirt to be displayed and create awareness.
EM 7-08-2009 @ 9:24AM
I knew in the 7th grade that I was against abortion
and why is it only liberals get freedom of speech?
Also, why wouldn't the parent be called to come to the school
prior to physically and emotionally
assaulting the student IF she hasn't the capacity for understanding
her act or an understanding of the perplexities of abortion?
Common sense, self control by the school is lacking and schools have forgotten that their students DO have parents. I hope she wins her case, she deserves to. Parents MADE the students and ALLOW them to attend schools and should have a say in all things involving their minor children. Teachers and administers only have a job because of parents. Seems to me they would like parents to just go away.
SueW 7-08-2009 @ 9:53AM
It's about time that the general public wake up. I work in a school system and the biggest hurdle I face is the lack of reality the public has regarding our kids. Folks, we hve VERY sexually active 4th and 5th graders. Due to being so PC we aren't teaching them. If a child is active in their church or their community - by 5th, 6th or 7th grade they have had a pregnant class mate and may very well have adopted some strong opinions on a variety of subjects.
We had better start listening to our kids. They are our future.
One other note: why is it that freedom of speech is only for certain points of view?
Chris 7-08-2009 @ 10:06AM
If the children aren't exposed to it when they go to school, they will when they see it in the mall, restaurant, grocery store. The point is, they will see it, regardless. Schools are an extention of government, which we have have too much of....meddling in the everday lives of each and every one of us more and more as time goes on. Our forefathers would be ashamed. Freedom of speech is exactly what it means...stop analyzing & scrutinizing it to fit your own political or personal agenda.
ashby moncure m.d. 7-08-2009 @ 10:13AM
irrelevant. A child is still protected by the constitution.
deborah 7-08-2009 @ 11:07AM
Of course middle school is old enough to have formed that opinion.
They have taken children as young as two and pointed to images of a developing child in the womb and pointed at it and asked, "What's that?", and the child says, "BABY".
sexy rn 7-08-2009 @ 11:43AM
It's not about if she understands what she was wearing or not, its about whats appropriate for middle school, and that shirt was definetely inappropriate. I really believe this is a platform fer her parents and other nutty pro-lifers to get thier message out there. Beleive what you want, Im am prochoice and proud to be, but stop trying to shove your beliefs down my throat and that of middle school kids.
terri barnes 7-08-2009 @ 11:44AM
HOME SCHOOL!!!!
tricia 7-08-2009 @ 12:07PM
I think it is ABSURD to assume that a 7th grader is too young to "grasp" the idea of abortion. You speak out of both sides of your mouth when you all have voted to allow a 7th grader to GET an abortion without parental consent, yet another 7th grader can't wear a shirt to protest the same? Give me a BREAK! And for the record, I began doing anti-abortion speeches in 5th grade as a toastmaster project. I can guarantee you that I spoke from my heart, with my beliefs, AND CLEAR UNDERSTANDING of the "complex" and "polarizing" issue (which isn't really so complex. Life is precious AT EVERY STAGE!!!!)! As a law student, I know that this young lady is facing an uphill legal battle, but I say, "You go girl!!!!"