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Thread: Student arrested for NRA T-Shirt in school

  1. #1
    Accomplished Advocate user's Avatar
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    Student arrested for NRA T-Shirt in school

    "Suspended and arrested after refusing to change his NRA shirt. Today, 14-year-old Jared Marcum appeared before a judge and was officially charged with obstructing an officer."

    http://www.wtrf.com/story/22587338/1...1-year-in-jail

    http://www.wsaz.com/news/headlines/S...203875101.html

    http://communities.washingtontimes.c...nes-nra-shirt/

    Anyone know that lawyer, Benjamin Franklin White? Seems to be more of an education attorney than a firearms/personal defense attorney. (I'm still looking for someone good I can call when I get stuff that needs a W.Va. attorney.)
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  2. #2
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by user View Post
    "Suspended and arrested after refusing to change his NRA shirt. Today, 14-year-old Jared Marcum appeared before a judge and was officially charged with obstructing an officer."

    http://www.wtrf.com/story/22587338/1...1-year-in-jail

    http://www.wsaz.com/news/headlines/S...203875101.html

    http://communities.washingtontimes.c...nes-nra-shirt/

    Anyone know that lawyer, Benjamin Franklin White? Seems to be more of an education attorney than a firearms/personal defense attorney. (I'm still looking for someone good I can call when I get stuff that needs a W.Va. attorney.)
    Now if only West virginia had seceeded with the rest of Virginia you could've offered to take the case!

    I don't think you need a hardened criminal defense attorney for a misdemeanor case like this? or is this something that you still need to be picky about lawyers in your opinion user?

    It seems to me this flies in the face of all sorts of case law, like Tinker v. Des Moines and Cohen v. California, is seeking an injunction in federal court an option?

    I'm just curious and would like to know...
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  3. #3
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    User, I know of a similar situation that occurred maybe ten years ago...,

    in the Charlottesville area. If I can remember correctly, the son of a RRPC member (can't remember his name right now but I think he was instrumental in producing the monthly newsletter for the club) wore an NRA youth shooting sports camp to his middle school (Jack Jouette Middle school I think it was, check for spelling) and I think he was suspended or something for that. Long story short, they sued the school or county, whatever, won the case, ruling was that school could not keep him from wearing the shirt, and they were awarded damages, I think it was 2,500 or 25,000, can't remember all the facts right now.

    Now, realizing the student was not charged for wearing the shirt, the focus is him exercising his 1st Amendment rights to defend his right to wear his clothes and attend school at the same time. Here is someone talking to the cops, which is what they want you to do, so that they can charge you with "obstructing"? Again, we see the need to KYBMS.

    I'll try to find out the name and more about the case that i mentioned. The person that needs to be charged here is the teacher, and probably the cops.

    sidestreet

    Jeremiah 29 vs. 11-13

    we are not equal, we will never be equal, but we must be relentless.

  4. #4
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    Oh No, I might be a terrorist?

    I have been know to wear a NRA shirt and a OC Monkey TShirt. does that make me a criminal? or worst, a terrorist criminal! I guest as long as I'm not in any defense free zones, Im good.

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  6. #6
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    Yes! Yes! Yes!

    Quote Originally Posted by ArmedSociety View Post
    Thank you ArmedSociety!!! That's it exactly!!! You get the "Relentless" award for this week!!! Plaque and check are "in the mail"!!!

    I met the young man and his father on a club trip to the National Air and Space Museum at Dulles some years ago, what a pleasure!

    Now this particular instance in West Virginia, the "authorities" harass and threaten the young man (basically create the situation) to the point that he protests the action, using his First Amendment rights, they arrest and charge him with "obstructing". I guess their department motto is "If you don't know the law, fake it!", what's that in Latin?

    I for one am getting tired of the government going after our children, and I know what I'm talking about!

    Thanks again for the help, ArmedSociety, BULLSEYE!!!

    sidestreet

    Jeremiah 29 vs. 11-13

    we are not equal, we will never be equal, but we must be relentless.

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by sidestreet View Post
    --snipped--
    Now this particular instance in West Virginia, the "authorities" harass and threaten the young man (basically create the situation) to the point that he protests the action, using his First Amendment rights, they arrest and charge him with "obstructing". I guess their department motto is "If you don't know the law, fake it!", what's that in Latin?
    Si non novit legem, quam fictus.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    No thanks necessary. I was emailing the state ACLU office to ask them if they were going to get involved in this case, and found this at about the same time.

  9. #9
    Campaign Veteran skidmark's Avatar
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    Pardon my French, but

    What the Fity F are those Fers thinking if they are Fing thinking with anything but their 4th point of contact?

    http://www.wowktv.com/story/22674521...ed-with-arrest

    First they try to get a gag order to keep the kid, his dad, and his attorney from saying anything about the case in public, because that "would be in his best interest". WHAT???????????????!!!!!???

    And then -

    Meanwhile, Jared met with prosecutors who withdrew their petition for a gag order, on the condition that Jared's parent waive the confidentiality that bars the prosecution from speaking freely about his case, due to him being a minor.
    So now it seems to be coming out - the prosecution is getting its backside kicked in the court of public opinion before the trial even starts, and if they can't shut up the kid they want to be able to try the case in the court of public opinion too.

    http://i176.photobucket.com/albums/w...ps57056871.gif

    This is so good all by itself I won't even mention the TV reporter who
    had prepared a petition to intervene for the gag order hearing but before Charlo could present her argument or even deliver her petition to the court clerk, she was thrown out of the Logan County Courthouse, twice, by a bailiff, who said the judge presiding over Jared's case, Eric O'Briant requested it.
    Why does the phrase "Rope. Tree. Some assembly required." keep popping up in my head?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  10. #10
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    Thanks for the translation Grape...,

    Quote Originally Posted by Grapeshot View Post
    Si non novit legem, quam fictus.
    knew I could count on you, now I'll just start looking for that on the shoulder patches those folks are so fond of.

    sidestreet

    Jeremiah 29 vs. 11-13

    we are not equal, we will never be equal, but we must be relentless.

  11. #11
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    W.Va. teen who wore NRA shirt won’t be charged, judge says.

    "The judge signed an order dismissing all charges. The obstruction charge came after a police officer, called to help the school administrators during the April 18 standoff, said Jared refused to stop talking — and in effect, hindered his investigation." http://www.washingtontimes.com/news/...harged-judge-/
    I am responsible for my writing, not your understanding of it.

  12. #12
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    Quote Originally Posted by Nightmare View Post
    "The judge signed an order dismissing all charges. The obstruction charge came after a police officer, called to help the school administrators during the April 18 standoff, said Jared refused to stop talking — and in effect, hindered his investigation." http://www.washingtontimes.com/news/...harged-judge-/
    I'm sure the kid will grow up admiring cops lol.

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