Critical First Amendment Case on the Right to Speak out on Illegal Immigration to be Heard This Week
Southern California high school student Joshua Denhalter will be asking a California Superior Court judge to restrain his school district from silencing him on the issue of illegal immigration. He claims that he was censored and demanded to stop speaking his mind on the issue of immigration by the Jurupa Unified School District.
Riverside, CA (PRWEB) June 13, 2006 -- On June 14, 2006, the public interest firm of Lively, Ackerman & Cowles (www.LivelyAckerman.com), in conjunction with the firm of Robinson & Liebaert, will argue a critical First Amendment case concerning speech about the right of students to speak out on the issue of illegal immigration on secondary school campuses.
The firms represent the interest of Jurupa Valley High School student Joshua Denhalter in a suit that was filed recently. The First Amendment suit alleges that the public high school has interfered with his constitutional right to speak out on the issue of immigration.
Case Number RIC450811 was filed in Riverside County Superior Court two weeks ago. A hearing on Denhalter's application for temporary restraining order will be heard on Wednesday morning at 8:30 am in Department 8 of the Riverside County Superior Court, 4050 Main Street, Riverside, CA 92502. Questions concerning the hearing can be directed to Timothy Liebaert at (909) 390-9999.
Mr. Denhalter alleges that on March 27, 2006, dozens of high school students, mostly of Mexican-American descent, illegally walked out of school in protest of legislation that was being proposed by the U.S. Congress (HR4437) concerning illegal immigration.
Instead of walking out of school and being truant, Denhalter chose to organize a legitimate and lawful counter-protest/assembly during the lunch hour on or about March 30, 2006. The peaceable assembly was to take place across from the school on a public sidewalk.
The peaceable assembly would not have disrupted school activities because Jurupa Valley High School has an “open lunch” period. This means that students are free to come and go during this time. Any student could have “walked out” during the lunch to attend the assembly and there would be no disruption or violation of truancy laws.
On the morning of March 30, 2006, Denhalter began handing out flyers for his event. Around 7:30 am, he was approached by school officials and told that he could not hand out flyers advertising his First Amendment protected activities. He refused to give up his right to pass out handbills/flyers. As a result of his refusal to give up his constitutional rights, Denhalter was suspended for “handing out flyers (before school) advocating the disruption of school activities”. However, the school did not punish the dozens of students who walked out in violation of the law several days before.
Furthermore, between March 27 and March 30, 2006, the school allowed MECHA to sponsor an on-campus rally in opposition to HR4437. Denhalter asked for permission to sponsor a similar counter-rally on campus but was flatly denied by the school district's board.
Finally, just the week before filing of this complaint, on May 25, 2006, the school prohibited Denhalter from wearing a “Save Our State” t-shirt by telling him that he needed to turn the shirt inside out and not ever wear it again. The content of the political speech set forth on the shirt was the sole basis for this censorship and prior restraint of Denhalter’s rights. He seeks a restraining order allowing him to express himself freely as to political matters until the end of the school year (i.e., June 21, 2006).
According to lead attorney Richard D. Ackerman, “This is one of the worst governmental censorship cases I have seen in over a decade of practice. It is simply unbelievable that a school district would take sides with those who promote illegal activity over a student wishing to express his protected views in a traditionally and legally acceptable manner. These officials must be severely punished for their actions.” The law firm is handling this matter on a pro bono basis.
Donations are being taken for Denhalter's legal costs through the donation link at www.profamilylawcenter.com. Those interested in helping this young man can designate the money to be used for the "Josh Denhalter First Amendment Fund." Tax deductible donations will only be used to assist in his and related First Amendment cases. Mr. Denhalter is going to boot camp five days after graduating from Jurupa Valley High School and cannot afford the costs of this litigation.
###
|
