14-Year-Old Refuses To Remove NRA T-Shirt, Faces 1 Year In Jail For 'Obstructing Officer'

[sailingaway]

A middle school student in West Virginia was suspended after he refused to remove the NRA t-shirt he was wearing.
14-year-old Jared Marcum is charged with obstruction of an officer. Prosecutors have moved forward in actively pursuing the charge — the middle schooler could face up to a year and jail and a $500 fine if found guilty.

video coverage at link: http://www.mrconservative.com/2013/0...-year-in-jail/

if there is a picture of a gun, I hope he pursues it to break new ground legally, I can't imagine a PICTURE of a gun not being speech, but schools are odd, legally. However, if it just says NRA that is CLEARLY political speech and that has already been found to be protected, with an 'F*** Bush ' shirt as I recall.

[Anti Federalist]

Government schools are child abuse.

[Dr.3D]

video coverage at link: http://www.mrconservative.com/2013/0...-year-in-jail/

if there is a picture of a gun, I hope he pursues it to break new ground legally, I can't imagine a PICTURE of a gun not being speech, but schools are odd, legally. However, if it just says NRA that is CLEARLY political speech and that has already been found to be protected, with an 'F*** Bush ' shirt as I recall.

http://www.mrconservative.com/files/...RA-500x281.jpg
The NRA shirt that Marcum was wearing featured the NRA logo with the outline of a .308 caliber, semi automatic rifle. Marcum’s father owns a similar gun.

Yeah, new ground indeed.

[Origanalist]

According to the officer who arrested Marcum, the boy refused to stop talking which hindered the ability of the policeman to do his job. That’s where the obstruction charge came from.

[kcchiefs6465]

Well it has been ruled that free speech is limited in schools. The suspension will indeed stand. (no matter how dumb) At the beginning of the school year you are given a 'planner' with all of the rules and policies of the school. Shirt cannot have guns, drugs, alcohol or cigarettes on them. Usually when they do they make you turn them inside out or they give you a shirt. Happened all the time when people wore snowman shirts. (snowman became commonly known to refer to a crack dealer) They even had an announcement about it lmao. "No more shirts depicting a snowman." Odd.

Him being charged with a crime for not following an unlawful command is where he should be getting paid for.

That is the equivalent of an officer telling you to do jumping jacks, you refusing, and him charging you with obstructing justice. The kid should be getting a nice settlement out of the ordeal. Public schools will be ridiculous as ever though.

[Alex Libman]

Government schools are child abuse.

+1

[kcchiefs6465]

According to the officer who arrested Marcum, the boy refused to stop talking which hindered the ability of the policeman to do his job. That’s where the obstruction charge came from.

Well in that case, what lawful reason was there for the stop?

And furthermore, what lawful reason was the officer even at the school?

Oh the school requested it? You don't say...

[sailingaway]

Well it has been ruled that free speech is limited in schools. The suspension will indeed stand. (no matter how dumb) At the beginning of the school year you are given a 'planner' with all of the rules and policies of the school. Shirt cannot have guns, drugs, alcohol or cigarettes on them. Usually when they do they make you turn them inside out or they give you a shirt. Happened all the time when people wore snowman shirts. (snowman became commonly known to refer to a crack dealer) They even had an announcement about it lmao. "No more shirts depicting a snowman." Odd.

Him being charged with a crime for not following an unlawful command is where he should be getting paid for.

That is the equivalent of an officer telling you to do jumping jacks, you refusing, and him charging you with obstructing justice. The kid should be getting a nice settlement out of the ordeal. Public schools will be ridiculous as ever though.

The 'planner' and the 'law' do not equate. POLITICAL speech was found to be protected, so it will depend on how this is interpreted. I think it is obvious the reason he wouldn't remove it had to be political.

[Origanalist]

Well in that case, what lawful reason was there for the stop?

And furthermore, what lawful reason was the officer even at the school?

Oh the school requested it? You don't say...

Schools, officer, one and the same.

[Neil Desmond]

I don't get why this policeman was initially involved in this refusal/suspension situation to begin with.

[kcchiefs6465]

The 'planner' and the 'law' do not equate. POLITICAL speech was found to be protected, so it will depend on how this is interpreted. I think it is obvious the reason he wouldn't remove it had to be political.

Schools are different. I have read about several cases where that was the case.. that free speech was limited in schools.

Unless you are saying that it has been ruled that political speech is covered in public schools?

The school's actions were bad, but the officer's actions worse, imo. Being removed for however many days from school isn't all that much of a punishment. It also brings attention to your cause and shows how ridiculous public schools are becoming. Being put in a cell for upwards of a year would have serious consequences on this young man's life. His diploma would probably be from said juvenile hall and most companies would look down on that.

Hopefully people in the community reach out to him and show support. They also need to speak up and say enough is enough. And for God's sake, fire the resource officer. What a bad joke - "resource officer." Perhaps because he siphons resources?

[Anti Federalist]

the boy refused to stop talking

LOL - Damned if you do, damned if you don't.

[Anti Federalist]

I don't get why this policeman was initially involved in this refusal/suspension situation to begin with.

The school cop is called whenever there is a "confrontation".

[kcchiefs6465]

I don't get why there's a school cop.

You know their job is by and large to check hall passes? The rest is bullshitting with the secretaries or basketball coaches.

What a job.

[jclay2]

We are in some deep **** if this is happening in West Virginia.

[Anti Federalist]

I don't get why there's a school cop.

You know their job is by and large to check hall passes? The rest is bullshitting with the secretaries or basketball coaches.

What a job.

It's my understanding that almost all schools have a cop in them all the time now.

Why?

Pffft...what the hell good is prison with no guards to keep a hairy eyeball on everybody, get those troublesome young boys into the "advanced prison" pipeline and randomly check for compliance with, well, whatever?

[Weston White]

I don't get why there's a school cop.

For target practice of course. So that they can shoot mentally underdeveloped students that hit them in the back of the head with a little wooden bat as they walked out from their office (which was very likely just poorly timed accident by the student that loved playing his zombie video games at home), and then left to die on the ground in front of the entire school while the police officer gets rushed to the hospital for a few of stitches and released within a couple of hours (who may then resign his/her position with their police department and sue the school district, and subsequently be awarded $230,000).

http://abclocal.go.com/kfsn/story?se...cal&id=6083383
http://www.foxnews.com/story/0,2933,351661,00.html
http://www.fresnobee.com/2013/01/04/...roosevelt.html

[kcchiefs6465]

It's my understanding that almost all schools have a cop in them all the time now.

Why?

Pffft...what the hell good is prison with no guards to keep a hairy eyeball on everybody, get those troublesome young boys into the "advanced prison" pipeline and randomly check for compliance with, well, whatever?

We had them from elementary school on up. Our elementary school cop rode around on 24 inch chrome rims. On the back of the Suburban was lettering that said "Taken From a Drug Dealer." "DARE" was stenciled on both sides. (it was more of a statement vehicle, I'd say) I asked a simple question in fifth grade on whether or not marijuana causes cancer. He was one of those 'cracked eggs=brain on drugs' type and took the question offensively. He berated me for asking and assured me that if I ever tried marijuana I would die. In no uncertain terms he said this. After that he routinely rode around my neighborhood. He stopped me a few times to ask what I was doing and where I was going anytime he would see me. I'm not too sure what ever happened to him. I heard he got promoted to some Highway Patrol job and another DARE officer replaced him. The propaganda remained relatively the same, I'm sure.

The middle school cop used to harass me regularly. He used to try to fight me all the time and routinely illegally searched my possessions, dumping my locker on the ground and then ordering me to clean that $#@! up. He was no more than 5 foot 3 and had the heart of a coward. He was a rather funny looking dwarf which is probably why he acted the way he did. I heard stories of him sexually harassing female students but I don't think anything ever came from that. He was eventually fired after repeatedly insisting that what a student had was marijuana when it was in fact oregano or some such spice. I was pleasantly surprised. Never heard anything else about it and he very well may have been reinstated or hired elsewhere.

The junior high school cop was about the same way. Creepily close to the cheerleaders, real touchy. All in all probably a pedophile. He'd try to grab your shoulder when talking to you or get unnecessarily close. Weirded me out. He was never fired for the things he did but I had seen choke students and body slam them. I never had any interactions with the guy though. He still works there as far as I'm aware. I wouldn't be surprised if a story broke of a student being fondled or raped. The kind of person you wouldn't leave your child alone with, that's for sure.

I switched districts and moved to a big high school in the city. A well known school. We had a school resource officer and a probation officer that for some reason felt like wasting tax payer dollars by sitting at a table in the hallway. The school resource officer flirted with the secretaries and checked hall passes, got into scuffles and choked students every now and again. (when a fight would break out) He ended up leaving our school and doing something else. I don't know what but he was still a cop. Probably wanted a shift change or something. The person who replaced him reminded me of the dwarf of a cop that used to harass me as a child. He tried to bully a freshman student and the kid cracked his head open. Ambulance came and that was the last I ever saw of either of them. The probation officer routinely harassed me, searched my pockets, my locker, slammed me against random objects and jumped out on me anytime he saw me. One of the funnier times was when I was called out of class and escorted to a broom closet. (literally, mops and buckets) They had a small square table set up with three chairs. He was the 'bad cop' (though he never could have made pig) and my principal was the good cop. He would scream at the top of his lungs about how many statements were signed against me and that I'd be going to jail for a long time for the supposed crime of contributing to a minor. (when I was a minor) The principal would calmly and soothingly say "_____, just tell him what you know, everything will be okay." I laughed openly in their faces which made him all the madder. After answering a few simple questions I stunned both of them with an "If you are going to charge me, then charge me. I am not answering anymore questions without a lawyer present," and put my head down on the table. They called my mom to tell her what I said and that I requested a lawyer, she laughed at them. Eventually they let me go back to class. I told people what happened but I don't think they ever really believed, when I would point at the broom closet and say, "Yeah, that's where they took me."

Needless to say I feel a certain way about pigs in general and I surely despise school resource officers. (a phrase that has to be some sort of joke in itself, considering how many resources they are siphoning for their bull$#@!, cakewalk of a job)

[RonPaulFanInGA]

http://www.businessinsider.com/8th-g...t-shirt-2013-6

The West Virginia eight-grader arrested and suspended over his National Rifle Association T-shirt with an image of a firearm is now facing a $500 fine and a year in jail.

A judge is allowing prosecutors to move forward with charging Jared Marcum, 14, with obstructing an officer, WOWK-TV reported.

Marcum got into an argument with a teacher over his “Protect Your Rights” NRA shirt at Logan Middle School in April. He was arrested for disturbing the education process and for obstructing an officer — the latter, according to court documents obtained by WOWK, because Marcum refused to stop talking, thus hindering the arresting officer from doing his job.

[sailingaway]

Schools are different. I have read about several cases where that was the case.. that free speech was limited in schools.

Unless you are saying that it has been ruled that political speech is covered in public schools?

The school's actions were bad, but the officer's actions worse, imo. Being removed for however many days from school isn't all that much of a punishment. It also brings attention to your cause and shows how ridiculous public schools are becoming. Being put in a cell for upwards of a year would have serious consequences on this young man's life. His diploma would probably be from said juvenile hall and most companies would look down on that.

Hopefully people in the community reach out to him and show support. They also need to speak up and say enough is enough. And for God's sake, fire the resource officer. What a bad joke - "resource officer." Perhaps because he siphons resources?

I have read those cases as well. However then came the case with the F*** Bush t shirt and the court ruled that, like the arm band for the Kent state protest, was pure political speech and couldn't be restrained. So there IS a line.

[kcchiefs6465]

I have read those cases as well. However then came the case with the F*** Bush t shirt and the court ruled that, like the arm band for the Kent state protest, was pure political speech and couldn't be restrained. So there IS a line.

I did not know that. Seems his suspension should be lifted, his work excused with the teachers giving extra effort to catch him up on the subject matter, and the school resource officer fired.

[Anti Federalist]

Screws, bulls and prison.

Glad you made it out without a life threatening beat down, tasering or worse.

Governments schools are child abuse.

We had them from elementary school on up. Our elementary school cop rode around on 24 inch chrome rims. On the back of the Suburban was lettering that said "Taken From a Drug Dealer." "DARE" was stenciled on both sides. (it was more of a statement vehicle, I'd say) I asked a simple question in fifth grade on whether or not marijuana causes cancer. He was one of those 'cracked eggs=brain on drugs' type and took the question offensively. He berated me for asking and assured me that if I ever tried marijuana I would die. In no uncertain terms he said this. After that he routinely rode around my neighborhood. He stopped me a few times to ask what I was doing and where I was going anytime he would see me. I'm not too sure what ever happened to him. I heard he got promoted to some Highway Patrol job and another DARE officer replaced him. The propaganda remained relatively the same, I'm sure.

The middle school cop used to harass me regularly. He used to try to fight me all the time and routinely illegally searched my possessions, dumping my locker on the ground and then ordering me to clean that $#@! up. He was no more than 5 foot 3 and had the heart of a coward. He was a rather funny looking dwarf which is probably why he acted the way he did. I heard stories of him sexually harassing female students but I don't think anything ever came from that. He was eventually fired after repeatedly insisting that what a student had was marijuana when it was in fact oregano or some such spice. I was pleasantly surprised. Never heard anything else about it and he very well may have been reinstated or hired elsewhere.

The junior high school cop was about the same way. Creepily close to the cheerleaders, real touchy. All in all probably a pedophile. He'd try to grab your shoulder when talking to you or get unnecessarily close. Weirded me out. He was never fired for the things he did but I had seen choke students and body slam them. I never had any interactions with the guy though. He still works there as far as I'm aware. I wouldn't be surprised if a story broke of a student being fondled or raped. The kind of person you wouldn't leave your child alone with, that's for sure.

I switched districts and moved to a big high school in the city. A well known school. We had a school resource officer and a probation officer that for some reason felt like wasting tax payer dollars by sitting at a table in the hallway. The school resource officer flirted with the secretaries and checked hall passes, got into scuffles and choked students every now and again. (when a fight would break out) He ended up leaving our school and doing something else. I don't know what but he was still a cop. Probably wanted a shift change or something. The person who replaced him reminded me of the dwarf of a cop that used to harass me as a child. He tried to bully a freshman student and the kid cracked his head open. Ambulance came and that was the last I ever saw of either of them. The probation officer routinely harassed me, searched my pockets, my locker, slammed me against random objects and jumped out on me anytime he saw me. One of the funnier times was when I was called out of class and escorted to a broom closet. (literally, mops and buckets) They had a small square table set up with three chairs. He was the 'bad cop' (though he never could have made pig) and my principal was the good cop. He would scream at the top of his lungs about how many statements were signed against me and that I'd be going to jail for a long time for the supposed crime of contributing to a minor. (when I was a minor) The principal would calmly and soothingly say "_____, just tell him what you know, everything will be okay." I laughed openly in their faces which made him all the madder. After answering a few simple questions I stunned both of them with an "If you are going to charge me, then charge me. I am not answering anymore questions without a lawyer present," and put my head down on the table. They called my mom to tell her what I said and that I requested a lawyer, she laughed at them. Eventually they let me go back to class. I told people what happened but I don't think they ever really believed, when I would point at the broom closet and say, "Yeah, that's where they took me."

Needless to say I feel a certain way about pigs in general and I surely despise school resource officers. (a phrase that has to be some sort of joke in itself, considering how many resources they are siphoning for their bull$#@!, cakewalk of a job)

[RickyJ]

Someone should actively pursue the prosecutors. This is America, we aren't going to lay down for this crap.

[kcchiefs6465]

//

[ClydeCoulter]

//

I think I know what you mean.