Students Get Their Day in Court

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FOR IMMEDIATE RELEASE

November 9, 2011

CONTACT:        Amy Miller, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Brian Jorde, (402) 493-4100

Judge Says Students Can Have Their Day in Court

Ruling Allows Students to Defend Commemoration of a Deceased Friend

LINCOLN - On Tuesday, Federal Judge Laurie Smith-Camp moved forward a case in which the ACLU says Millard Public School District violated the free speech rights of students Dan, Cassie and Nick Kuhr.

"The best education helps students deal with life's difficult moments," said ACLU Nebraska Legal Director Amy Miller. "Millard Public Schools lost that opportunity when students’ right to commemorate a deceased friend was taken away."

Julius Robinson, close friend of the Kuhrs, was killed in summer of 2008. The Kuhrs made many commemorative items, including t-shirts and wristbands, to honor Robinson and help his family raise money to cover funeral expenses. School officials objected to the t-shirts and wristbands citing alleged links between Robinson and gangs therefor arguing anything related to Robinson was also gang-affiliated. Twenty-six students were suspended for their efforts to express their freedom of speech.

"Judge Smith-Camp recognized students do not 'shed their constitutional rights...at the schoolhouse gate,’" said cooperating lawyer Brian Jorde of the Omaha firm Domina Law Group. "The Kuhr children will defend their rights in court and we are hopeful the jury will find banning the T-shirts and memorial related items violated the Kuhr children’s First Amendment rights."

"When a school oversteps their authority to say what is acceptable expression using unclear and arbitrary guidelines, then a school is taking a student's time and energy away from the classroom," said Miller. "The court found there was no disturbance to the learning environment until the school started censoring the memorial shirts."

No date has been set for the trial. Read a copy of the ruling or other cases related to students rights at www.aclunebraska.org.

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ABOUT: ACLU Nebraska and its diverse membership works in courts, the legislature and our communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States and Nebraska guarantee everyone in this state.

Attachments:
Download this file (Kuhr order denying SJ.pdf)Kuhr order denying SJ.pdf[ ]1045 Kb


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