Legal Question in Civil Rights Law in California

My son went to school on March 29th with a t-shirt that read: One Big Ass Mistake America and was written up for wearing an "Obscene" clothing and was called a racist by one of the teachers. I have spoken to the school on several occasions to explain the word "Ass" as written is not even vulgar, let alone "Obscene." The school will not even let me talk to the teacher who called my son a racist after several requests. My sons free speech rights per the "First Amendment" are being violated. Can any body help me? I have very little money but I feel this is too important to just let go.


Asked on 5/03/10, 9:21 am

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

OMG - you are in Hinkley???? My guess is this was an anti-war shirt and not obscene or rascist. Bad place to wear a shirt like that!!!! If this is the case you will need to first go to the school board and file a complaint - as you know you will not have a popular response thier either. I really do not get what is racisit about this statement? The fact is though schools can make rules about dress pretty much as strict as they like. The rules must be cear , known and already be in place and should be in place and known to all and not arbitraritly applied. Check the school code and see what it says - unfortunately you maybe up agasint a brick wall unless you want to go further and in that case I would again contact the ACLU in San Bernardino. Not being able to see the shirt or school policy puts me at a big disadvantage - BUT working at Ft Irwin for MANY years gives me an insight as to what you are up agaisnt.in that area. Watch your back - and follow the rules - look at the school regs first - then make a complaint to the school board or whatever procedure they require and if all goes bad (Likely) call the ACLU. DO PLEASE WATCH YOUR BACK - have your son dress down - and play it cool. I see nothing wrong with the wording except where you are!! Propbably more than 80% of your neighbors work at Ft Irwin or at MCLB - DO what you want but I would advise backing off other than complaning to the schoolboard and then going to the ACLU or you may be moving to a reallly dusty place! Just do remember school districts have a big latitude to make dress codes but they have to be applied uniformily.

Read more
Answered on 5/08/10, 2:28 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California