Eastern North Carolina school systems have been in blatent violation of fundamental rights recently and they seem to be getting away with it.
CRAVEN COUNTY SCHOOLS
Adrian Solomon, a student at West Craven High School (my alma mater) was arrested and charged with disorderly conduct for booing the principal, Karen Barrow, during an assembly Sept. 19. He was also suspended for three days. However, the arrest came four days after the incident.
Following Solomon’s outburst, other students began booing as well. None of the other students were punished. Solomon also says he apologized to the principal.
Newschannel 12’s Mike Licquia broke the story 10 days later. Licquia reported that school adminstrators deferred all questions to Deputy John Clay, the school’s resource officer. Clay said that the administration asked him to file charges. Clay also said Solomon’s actions caused a disturbance in a public place and could have incited violence.
The student’s mother, Lalisha Solomon, is outraged. She said her son should be given punishment, but that arresting him was too much. “How in the world can you lock a child up for booing?” she asked.
The Craven County Schools Code of Conduct lists 17 (mostly violent) offenses that are to be reported to law enforcement. Disorderly conduct is not one of them.
However, the policy does put limitations on free speech:
Page 1013
“Schools have the right to set limitations on the time, place, and manner of public speech. Students have the responsibility to understand that any speech, be it verbal, written or symbolic, which materially or substantially disrupts classroom work, school activities or school functions, or infringes upon the rights of others is not protected by the Constitution and is prohibited at schools and at school-related activities.”
The policy prohibits and defines the following types of speech: profanity; obscenity; fighting or abusive words; and disruption. The latter, which will more than likely be used to justify this egregious action is defined as:
“speech, be it verbal, written, or symbolic which materially and substantially disrupts classroom work, school activities or school functions, such as demonstrations, ’sit-ins,’ ‘boycotts,’ or simply talking in class when told not to do so by the teacher.”
I feel that although his behavior may have been inappropriate, the school administrators violated Solomon’s First Amendment right to free speech. There is no reference to arresting a student for expressing a dissenting opinion.
PAMLICO COUNTY SCHOOLS
Meanwhile, in Pamlico County, 25 students were subjected to “forced drug testing,” according to Pamlico Ink.
The students, pulled out five at at time, had to rinse with a chemical mouth wash and have swabbed samples taken to collect saliva. The samples were tested for a variety of drugs including alcohol, marijuana, coacaine and opiates. All tests came back negative.
About one-sixth of the students at Pamlico County High School, those invoved in extracurricular activities, have signed a “pledge” agreeing to the tests since the school board passed the measure in May. Student drivers and those wishing to take driver education classes will soon be added to the list, according to the Pamlico News.
Some people, including those at Pamlico Ink, believe this is a violation of Fourth Amendment rights. I tend to agree,but have a feeling that if challenged, it would not be considered “unreasonable search and seizure” since the students and their parents signed the contract giving permission. However, it does seem heavy-handed that this is forced in order to participate in after-school activities.
BEAUFORT COUNTY SCHOOLS
Another case of free-speech versus disorderly conduct occured in Beaufort County in 2006, when Hood Richardson was campaigning for the N.C. House seat held by Arthur Williams.
Richardson, a county commissioner, was arrested at Washington High School and charged with disorderly conduct after passing out fliers at a Southside High School football game.
Richardson had announced his plan to campaign at the games, which had been a common practice in the district for years. Days before the game, he received a letter from the chairman of the school board telling Richardson he would be in violation of a school board policy.
Richardson was passing out fliers, joined by campaign manager Bill Tarpenning and attorney Steve Rader, when he was approached by Principal Todd Blumenreich. The administrator asked Richardson to leave and read from a prepared statement. Richardson told Blumenreich that he would not leave and Rader informed the principal that if arrested, the he and the school board would be in violation the politician’s First Amendment rights.
Although he initially fought the charge, Richardson pleaded “no contest“ last May.
Schools of Supression
It has become my view over the past several years that public schools have become increasingly opressive on students for what they say, write and even wear. Is there a belief that students don’t have rights because they can’t vote?
If that’s the case, then I think the Declaration of Independence makes a good argument:
“WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights…”
I’d also like to paraphrase Hood Richardson, who queried during his debacle, how do we teach kids about their rights when they’re not allowed to excercise them?
4 Comments
October 19, 2008 at 7:00 pm
i agreed with author. thanksqz
November 8, 2008 at 6:20 am
[...] to stand up for the rights of African-Americans done wrong, where were they when Adrian Solomon was arrested at West Craven High School and charged with disorderly conduct for [...]
December 10, 2008 at 7:56 pm
I always think it is funny how people who were not present for an event try to tell people who were all about how serious it was. It is not a violation of ones free speech rights for a movie theater to have you arrested if you are disruptive and are preventing others from enjoying the show. It is also not a violation of your free speech rights to be arrested for disrupting a Hall of Fame Induction assembly where multiple outstanding members of the community were brought into the assembly to speak to the school.
April 21, 2009 at 8:52 am
I agree with the Author. I am suspended for 5 days with athletic and social probation for 30. I am missing the sectional and state meets in track because of it, and I have qualifying times for both of them. I also maintain a 4.33 GPA and own my own non-profit company to supply students in my district with computers. I am charged with distributing alcohol at a dance, as well as consumption. I was tested 0.00 BA, and their source was from a student who didn’t attend the dance, but who needed a diversion for being caught drinking outside of it (good friend). He used me as a diversion because I supplied the limo service for my friends (him included). The principal told me and my parents that I, as a student have no rights, and that they can assign maximum punishment simply because of an accusation. Ive been confused the entire time. I helped organize the whole dance, spending over 40 hours of my own time setting up and spending my own money on the event. I felt interrogated.
It confuses me to think that the principle of my school and her VP are less mature than most of the students attending my school. My parents are appealing tomorrow, and bringing it to court.
The principal is Mrs. Haskins from Bella Vista High School, Fair Oaks, California, 95628. I’m not happy.