Wednesday, May 8, 2013

A Lesson In Freedom or Offense Is In The Eye Of The Beholder


Our American education system prides itself on instructing our children regarding the importance of freedom and the benefits of living in a free nation.  Our history books detail America’s journey from a fledgling nation “talking” freedom yet enslaving an entire segment of American society, through the Civil War that legally ended slavery, and spanning the Civil Rights movement of the 1960’s that eventually brought the freedom so many had fought and died for one hundred years earlier.  Civics classes teach our youth about the United States Constitution, about limitations on government, and especially our personal liberties as enumerated by the Constitution and as legislated by federal and state law.  Yes, our educational system spends billions of dollars to educate students regarding their civil liberties, as well as their civic duties, in a democratic republic like ours.  And indeed, this is a worthy and worthwhile educational goal.  Even more, it is necessary to the continued existence of America as we know it today.  I can almost hear teachers all across America urging their students to know their rights, and to stand up for their freedom!

But…

What happens when a student decides to actually exercise his freedom of speech and, in the process, offends a teacher, a school principal, and eventually a police officer?  Do the government and history teachers of this nation, and the school principals, really intend for students to exercise their freedoms WHILE they are students?  Is it more likely that these “authorities” would rather their students “practice democracy on their own time,” or better yet, AFTER high school graduation? And why would a police officer allow this argument between a student and school administrators to escalate into a criminal matter?  Let us allow a recent incident at a middle school in West Virginia answer the above questions for us…

On April 17 of this year, a student chose to wear a certain T-shirt to his school, Logan Middle School.  The student, Jared Marcum, apparently wore this particular shirt to school that day to make a point, that being that he had a right to wear a shirt that some people might find offensive even though it did not violate school policy, namely the dress code.  This fourteen-year-old student has the appearance of being a “redneck,” but that is also his right.  Not everyone chooses to be “athletic,” “preppie,” “urban,” etc.  Each person can dress how he or she pleases as long as the person does not violate the school’s dress code.

Apparently Mr. Marcum’s shirt did not become provocative until around lunchtime.  You see, he was standing in the lunch line with some of his friends when a teacher approached him and said the shirt violated the dress code because it had the NRA logo, a rifle, and the slogan “Protect Your Right” printed on the front of the shirt.  Now, I would not have been surprised at the young man being asked unroll the rolled-up sleeves of his T-shirt, but otherwise the shirt did not violate the dress code.  How do I know the shirt DID NOT violate that particular school’s dress code? Because the teacher did not send Mr. Marcum home to change shirts.  Instead, the teacher told Mr. Marcum to go turn the shirt inside out SO THAT THE SLOGAN WOULD NOT SHOW!  Mr. Marcum refused to do so, and was promptly sent to “the office.”

Inside the principal’s office, the teacher explained that he had ordered Mr. Marcum to turn his T-shirt inside out because the printing on the front was “offensive.”  Of course the principal sided with the teacher, himself ordering Mr. Marcum to turn his shirt inside out.  Again, as long as the slogan was not visible, this shirt seemingly did not violate Logan Middle School dress code.  If rolled shirt sleeves were the issue, that issue was not pressed.  Mr. Marcum once again refused to reverse his T-shirt.  And here is where the matter should have ended.  If Mr. Marcum refused to cooperate with the school principal, he should have been sent home, but he was not.

Now, let’s review this situation as it stood at the principal’s office.  First, Mr. Marcum wore a shirt to school that did not violate the dress code, although it had an NRA logo and a statement printed on it.  Several hours into the school day, a teacher was “offended” by the MESSAGE printed on the front of the shirt.  The teacher asked the student to reverse the T-shirt so that the message would be covered, but he did not order the student to go home and get another shirt.  When Mr. Marcum refused to comply with the teacher, he and the teacher went to the principal’s office.  The principal made the same demand of Mr. Marcum, that his shirt be reversed so that the message did not show.  Otherwise, the shirt seemingly did not violate the school’s dress code.  So we have three people inside the school principal’s office.  In most states, three people acting together to disrupt the peace can be charged with “rioting;” however, remember that two persons in the principal’s office were acting AGAINST the third person.  So, no riot.  But, since the young man would not cooperate with the principal, the principal called the local police department.

A few minutes later a municipal police officer arrived.  The principal explained the situation to the officer, the officer asked the student to comply, and the student refused, once again asserting that he was not violating the school’s dress code.  Now, I would like to interject here that, after reading several accounts of this incident from different sources, I believe it is possible that Mr. Marcum was disrespectful to the police officer.  I do not condone this, nor support Mr. Marcum, if this was the case.  Having served for years as a peace officer myself, I can vouch firsthand the frustration and anger that “a smart-mouthed teenager” can bring out in even the mildest-mannered police officer.  I can also vouch for the fact that an officer in an angry state-of-mind may act in a way that temporarily “puts the teen in his place” rather than settling the matter within the context of the law.  But “long story short,” the officer got tired of the teen “running his mouth” and arrested him for “inciting a riot” and “obstructing an officer in performance of his duties.” 

What????

The officer should have simply taken the student home, or called the parents to come and get the child.  This would have allowed the parents and the school staff to talk later when cooler heads could prevail.  Instead, the officer “cuffed and stuffed” Mr. Marcum.  The officer “solved” the school’s dress code problem, but, in all likelihood, involved himself, his department, and the school in a case that will probably end up in the United States Supreme Court.  In the process, the teacher, the principal, and the police officer all demonstrated to this young man that civil rights and democracy operate OUTSIDE the school walls, or do not attach to the student until he reaches “the age of majority.”

I am sure that this will not be the last we hear of this incident, nor should it be.  And I have to wonder, if the shirt with rolled-up sleeves had displayed a statement such as “Not All Muslims Are Terrorists,” or “Ban Guns Now!” would the teacher have been “offended,” would the principal have called the police, and would the officer have felt the need to put this student in his place?  Again, I do not support a student in his disrespect of school officials, and especially in disrespect of the police.  But clearly, this student did not violate the school dress code, nor did he “nearly cause a riot” as the local police chief later told reporters.  No, instead, Mr. Marcum got a firsthand lesson in democracy and “standing up for freedom.”  I have to wonder, though, after his arrest, upcoming trial, and the possible lawsuit looming ahead, will Mr. Marcum be so insistent on exercising his freedom?

God Bless (and HELP) America!

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