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Student arrested for NRA T-Shirt in school

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
"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/22587338/14-year-old-at-the-center-of-nra-t-shirt-controversy-now-facing-possibility-of-1-year-in-jail

http://www.wsaz.com/news/headlines/Student-Arrested-203875101.html

http://communities.washingtontimes.com/neighborhood/citizen-warrior/2013/jun/18/suspended-wv-8th-grader-faces-jail-fines-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.)
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
"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/22587338/14-year-old-at-the-center-of-nra-t-shirt-controversy-now-facing-possibility-of-1-year-in-jail

http://www.wsaz.com/news/headlines/Student-Arrested-203875101.html

http://communities.washingtontimes.com/neighborhood/citizen-warrior/2013/jun/18/suspended-wv-8th-grader-faces-jail-fines-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...
 

sidestreet

Regular Member
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Jul 12, 2007
Messages
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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.
 

Slidell Jim

Regular Member
Joined
Sep 29, 2009
Messages
177
Location
Slidell, La
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.
 

sidestreet

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Messages
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Yes! Yes! Yes!


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.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
--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.
 

ArmedSociety

Regular Member
Joined
May 31, 2011
Messages
58
Location
WV
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.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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/2267452...eporter-covering-story-threatened-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/w186/vaskidmark/headshake_zps57056871.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.
 

sidestreet

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Jul 12, 2007
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Thanks for the translation Grape...,

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.
 

davidmcbeth

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Jan 14, 2012
Messages
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