8th grader who wore NRA shirt to school now facing possible jail time

posted at 11:31 am on June 22, 2013 by Jazz Shaw

We first brought you coverage of this story back in April, and as shocking as it was, I’d assumed we’d pretty much heard the end of it. In case you missed it, here’s the short recap:

When 8th grade Jared Marcum got dressed for school on Thursday he says he had no idea that his pro-Second Amendment shirt would initiate what he calls a fight over his First Amendment rights.

It was the image of a gun printed on Jared’s t-shirt that sparked a dispute between a Logan Middle School teacher and Jared, that ended with Jared suspended, arrested and facing two charges, obstruction and disturbing the education process, on his otherwise spotless record.

By the end of the story, Jared was back in school and his parents were working with local authorities to get this incredibly stupid exercise in oppression off of his record. That should have been the end of it, but apparently the local powers that be are planning to take this situation to its illogical extreme.

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.

A $500 fine and up to a year in jail, that’s the penalty that Jared could face, now that a judge has allowed the prosecution to move forward with it’s obstructing an officer charge against him.

“Me, I’m more of a fighter and so is Jared and eventually we’re going to get through this,” Jared’s father Allen Lardieri said. “I don’t think it should have ever gotten this far.”

Jared’s dad is being a lot more calm and reasonable about this than I think I could manage, but that’s probably to the boy’s benefit. At this point, the “defense” is still treating it as a misinterpretation of school policy, and not some sort of civil rights violation. But if it goes much further, it’s not hard to imagine them bringing that aspect of it up in court. And if they do, the state is going to have a hard time sending Jared up the river. Our resident legal analyst, Doug Mataconis of Outside the Beltway, has already done the digging and found that the Supreme Court came down on Jared’s side some time ago.

In Tinker v. Des Moines Independent Community School District 393 U.S. 501 (1969), the Court deal with the case of a group of students who were disciplined for taking part in a protest related to the Vietnam War by wearing black armbands to school. In its decision, the Court held that the student’s right to express their political beliefs as protected by the First Amendment outweighed any argument the school could make that its actions were necessary to keep discipline and order in the school:

The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners’ interference, actual or nascent, with the schools’ work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.

The full details of the court’s decision, along with Doug’s comments on this piece of legal insanity, are available at the link. In the meantime, I suppose we’ll have to deal with yet another side show as this all drags out. You might think that in this “enlightened age” of free speech, something like this would never come up, but apparently you’d be wrong. I can understand the officials at one relatively small middle school flying off the beam for a bit and blundering into this sort of error, but once the public spotlight was on the case, one would hope that the legal system would notice and shut it down. But now they’re setting themselves up for public embarrassment on a national level. And for the cherry on top, this is all happening on Joe Manchin’s home turf, just as he’s facing another battle in the public opinion polls over his gun control mistakes.

Break out the popcorn.


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Comment pages: 1 2

I guess sometimes you have to destroy the children in order to save the children.

JellyToast on June 22, 2013 at 3:01 PM

I rather destroy the administrators to save the children.

I’ve fought those powers-that-be. God was generous — I beat them.

No parent should go though that.

Liam on June 22, 2013 at 3:06 PM

There are few people in America who are more authoritarian than public school/university administrators. Fascism incarnate.

socaguy on June 22, 2013 at 3:38 PM

Ban HAL, free twerp!

Liam on June 22, 2013 at 11:48 AM

Amen and Amen

mickytx on June 22, 2013 at 4:11 PM

OTOH, advocating for lesbian statutory rape wouldn’t have been a problem…

SDN on June 22, 2013 at 4:12 PM

JFKY on June 22, 2013 at 2:07 PM

Not sure if serious.

MadisonConservative on June 22, 2013 at 4:19 PM

The government schools are being literally being run by individuals who should never be allowed around children. They are idiots! Dangerously incompetent and seem to have some kind of obsession with severely penalizing children who do the most ordinary innocent things.

An 8th grader going to jail in America for the T shirt he wore? Do they do this to drug users?

And where is the rest of the community?

JellyToast on June 22, 2013 at 4:31 PM

Ban HAL, free our twerp!

Liam on June 22, 2013 at 2:39 PM

Phuck HAL, phree our twerp!

KOOLAID2 on June 22, 2013 at 4:42 PM

I can understand the officials at one relatively small middle school flying off the beam for a bit

Seriously? This is a kid wearing a t-shirt.

I mean, seriously?

ladyingray on June 22, 2013 at 5:04 PM

Don’t you people know that there is a war on guns going on? We must all sacrifice a little liberty to obtain a little safety. It’s a practical trade off that our founders fully approved of. This is just like the wars on poverty, terror, drugs, obesity… The government is protecting us. Stop interfering, you’re only making us less safe.

/s

MJBrutus on June 22, 2013 at 5:30 PM

If the kid was Muslim and wore a turban you’d likely be calling for him to be deported…even as an American citizen.

That being said, this kid is well within his rights. But he and his dad are idiots.

School is for learning not protesting. Adults, in college can make their own choices but primary and secondary students waging protest is usually a load of bunk. I don’t care if you’re illegal, Tea Party or Anonymous. If you’re of school age, get your a** in school and stfu. Also, uniforms are great social-tools. Just ask the military.

Again, he is within his rights. And he should protect his school record by fighting this in court. He has to not that he’s stepped in it. But he and his dad are idiots.

They wanted a battle. The kid is stained. Sure he’ll be a hero to nutbars. But he still has a long career path. It’s going to be hard to shake a digital footprint implicating him in a gun-controversy.

Capitalist Hog on June 22, 2013 at 6:57 PM

If the kid was Muslim and wore a turban you’d likely be calling for him to be deported…even as an American citizen.
Capitalist Hog on June 22, 2013 at 6:57 PM

Really?

Bit of an overreach, don’t you think?

avagreen on June 22, 2013 at 7:42 PM

Capitalist Hog on June 22, 2013 at 6:57 PM

That falls under the category “retarded”. Reread “Letter from Birmingham jail, why we can’t wait”

This kid was wearing a T-shirt. I’ll be sending mine with similar.

You’re pathetic

FREE THE TWERP

WryTrvllr on June 22, 2013 at 7:48 PM

I’ll be wearing similar too.

WryTrvllr on June 22, 2013 at 7:50 PM

Reread “Letter from Birmingham jail, why we can’t wait”

Yes, yes. Tell me exactly how this kid is anything like MLK. This is going to be hilarious. I’ll grab popcorn.

Anyway, I suspect the Tea Party extremist-leadership, just like Dixie-Democrats, would be calling Dr Martin Luther King Jr a pinko-commie-fascist. Equal rights for African-Americans would be a non-starter for you. It would be a matter of voter-fraud or national security or saving little angels.

Racism, it’s for the children.™

I’ll be wearing similar too.

WryTrvllr on June 22, 2013 at 7:50 PM

Courage.

Capitalist Hog on June 22, 2013 at 8:09 PM

Courage.

Capitalist Hog on June 22, 2013 at 8:09 PM

No. Just your version of it.

WryTrvllr on June 22, 2013 at 8:59 PM

Oh, and thank you. You said it all.

WryTrvllr on June 22, 2013 at 9:01 PM

This about as outrageous as banning ALyT.

About.

davidk on June 22, 2013 at 11:47 AM

Ban HAL, free twerp!

Liam on June 22, 2013 at 11:48 AM

Seriously?!? Why are all of ours getting banned, and yet the trolls live on?

Nutstuyu on June 22, 2013 at 9:39 PM

BTW, Hawg, Muslims don’t wear TURBANS….generally speaking that would make them SIKHS…I realize that you are far smarter than me, but just a cultural note, there..

JFKY on June 22, 2013 at 9:39 PM

JFKY on June 22, 2013 at 9:39 PM

LOL

The hog sucker is a bigot..Muslims, Sikhs…they all look the same to him.

HumpBot Salvation on June 22, 2013 at 10:11 PM

The annoying little one is already free.
She escape hatched from IL and by that I mean ill.
A million miles is practically around the corner here in TX
We’re welcome in our various conservative ways.

Surely, that’s ban hammer worthy.
Here’s a NY raspberry for ya. plllllllhuuuhhh.

mickytx on June 22, 2013 at 10:53 PM

BTW, Hawg, Muslims don’t wear TURBANS….generally speaking that would make them SIKHS…I realize that you are far smarter than me, but just a cultural note, there..

JFKY on June 22, 2013 at 9:39 PM

Wow. You’re an idiot. The Gadsden Flag is associated with Tea Party fanboys but not ever one of you wears a yellow tshirt everywhere. Point is, some Muslims do wear turbans. Please dispute this. Please. For the hard of thinking I never said “all Muslims.” Either way, the point was that you Tea Party extremists wouldn’t tolerate any Muslim even pointing a finger gun.

The hog sucker is a bigot..Muslims, Sikhs…they all look the same to him.
HumpBot Salvation on June 22, 2013 at 10:11 PM

Cite for me the instance wherein ANYONE in this thread spoke out against anti-gay or anti-Muslim bigotry. Heck, GOP used to stand up for Black Americans. Now that’s even passe.

What’s hilarious is watching you liars contort yourselves by accusing me of things you formerly deny as being racist or bigoted. In case you haven’t figured it out, that’s the plan. I have almost every one of you certified bigots caught in a lie by your own words. So have at it. Again,

Randal Howard Paul is doing his best to teach you fools but you don’t get it. Even with his er, challenged ideas about the CRA, he is the only voice on the right getting it. He and Jeb “fertility” Bush. Ann Coulter tries but she’s still Ann Coulter. So there you have it, my standard-bearers: Randal Howard Paul, sane Ann Hart Coulter, part-time Jeb, and full-time Romney. The rest are cave-cretins or feckless.

Anyway, you’re either anti-bigotry or you’re a bigot. How’s that?

Capitalist Hog on June 23, 2013 at 12:52 AM

If the kid was Muslim and wore a turban you’d likely be calling for him to be deported…even as an American citizen.

That being said, this kid is well within his rights. But he and his dad are idiots.

School is for learning not protesting. Adults, in college can make their own choices but primary and secondary students waging protest is usually a load of bunk. I don’t care if you’re illegal, Tea Party or Anonymous. If you’re of school age, get your a** in school and stfu. Also, uniforms are great social-tools. Just ask the military.

Again, he is within his rights. And he should protect his school record by fighting this in court. He has to not that he’s stepped in it. But he and his dad are idiots.

They wanted a battle. The kid is stained. Sure he’ll be a hero to nutbars. But he still has a long career path. It’s going to be hard to shake a digital footprint implicating him in a gun-controversy.

Capitalist Hog on June 22, 2013 at 6:57 PM

Overwrought.

He wore a t-shirt. He was arrested. The t-shirt had the NRA logo and said, “Protect your rights.” Whose fault is the controversy? Why should he be blamed because someone over-reacted?

It’s a nice little game, I suppose. Create a controversy over something that really isn’t controversial, then blame the target for the controversy he didn’t create.

Clearly, there are people trying to make the mere picture of a gun beyond the pale, no matter what the accompanying message.

There Goes the Neighborhood on June 23, 2013 at 1:18 AM

Anyway, I suspect the Tea Party extremist-leadership,

Capitalist Hog on June 22, 2013 at 8:09 PM

Tea Party extremist is an oxymoron. There is nothing extreme about the Tea Party.

There Goes the Neighborhood on June 23, 2013 at 1:20 AM

Tea Party extremists

Capitalist Hog on June 23, 2013 at 12:52 AM


Tea party extremist
is meaningless gibberish.

There Goes the Neighborhood on June 23, 2013 at 1:24 AM

There Goes the Neighborhood on June 23, 2013 at 1:20 AM

That meth-den dialect has spoiled you for standard English. Tea Party extremist refers to individual personage. Tea Party refers to the group at large. There are extremists within the largely but not fully-extreme Tea Party.

Got it?

Capitalist Hog on June 23, 2013 at 1:35 AM

Tea Party extremist is an oxymoron. There is nothing extreme about the Tea Party.

There Goes the Neighborhood on June 23, 2013 at 1:20 AM

Unless you’re a libturd troll like Crapitalist Prog. Then moderation is extreme!

cableguy615 on June 23, 2013 at 8:15 AM

I haven’t posted in a long time but I feel like I must chime in on this. I am wondering if there is a dress code that this student violated. I suspect there is. We will issue citations for classroom disruption if the disruption is persistent and is interfering with the education of other students in the class. It is like a traffic ticket and the student and parents are required to go to court.
While everyone here is screaming first amendment rights, how would you feel if your daughter or son went to a school with no enforced dress code? Imagine a tshirt with a marijuana leaf on it, or a tank top with profanity. From what i have read the school administration was enforcing the dress code and that student decided to take his exercise in free speech to the point where it began disrupting the learning environment.

pullingmyhairout on June 23, 2013 at 8:43 AM

Had it been a Che t-shirt there wouldn’t have been a ‘cop’ anywhere near him to interfere with.

TimBuk3 on June 23, 2013 at 11:11 AM

The way I read it they settled with the school on the issue.

It’s the police / prosecuter pushing the obstruction charge. It was the officer that brought that charge, not the school. That is where the current focus of idiocy is.

TfromV on June 23, 2013 at 11:20 AM

Unless you’re a libturd troll like Crapitalist Prog. Then moderation is extreme!

cableguy615 on June 23, 2013 at 8:15 AM

“Moderation?” You want my ideas moderated.

Isn’t that what you’re complaining the school did?

FAIL!

Capitalist Hog on June 23, 2013 at 10:00 PM

They wanted a battle. The kid is stained. Sure he’ll be a hero to nutbars. But he still has a long career path. It’s going to be hard to shake a digital footprint implicating him in a gun-controversy.

Capitalist Hog on June 22, 2013 at 6:57 PM

There was no gun controversy because there was no gun involved. It was a t-shirt controversy you moron.

Oh, and you’re also a bigot. You hate anyone and everyone who doesn’t think exactly like you. And you think black people are helpless without you pandering on their behalf due to your over-inflated sense of white guilt.

Racist.

runawayyyy on June 24, 2013 at 4:40 PM

Comment pages: 1 2