Legal Question in Constitutional Law in New York
Violation of First Amendment rights with minors
My daughter is a senior in a public high school. Last month, she was suspended as a result of an incident that took place during a local parade. Her school excused the senior class from school so that they could attend the parade and cheer on their classmates who were marching or playing in the band. Most of the students including my daughter, took a bus from the high school to the parade. About an hour after the parade started my daughter who was sitting with the other seniors under a banner that read ''Murrow High Class of 2007,'' positioned herself in front of a television camera and held up a large sign that read ''Hey Bush you pig, stop the war and smoke a joint like Murrow Seniors.'' The principal of Murrow High grabbed the sign from my daughter and suspended her for two weeks. The school claims it has a right to take such action because she was promoting the use of illegal drugs at a ''school event.'' My daughter said she made the sign to protest the war and ''get on TV.''
What rights does my daughter have?
The principal not only suspended her, but she also grabbed the sign out from her hands; does that count for anything?
1 Answer from Attorneys
Re: Violation of First Amendment rights with minors
From the way you described the facts there is some potential there for a suit against the school and the principal personally. Please contact my office for further discussion of this case. You can contact us through email at the address provided below or by the phone at 2127098303
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