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The First Amendment protects Georgia athletes right to kneel during the national anthem

Students at Garfield High School in Seattle kneeling for national anthem. Photo from Seattle Times newspaper.
Students at Garfield High School in Seattle kneeling for national anthem. Photo from Seattle Times newspaper.

We were disheartened to read this story today in the Atlanta Journal Constitution, in which the Superintendent of Cobb County Schools is quoted stating that, if one of his district’s athletes were to kneel during the national anthem, “their asses would be benched.” Such a comment is highly inappropriate for an individual whose job is to ensure young people have a full opportunity to learn about our civic rights–including the right to peacefully protest without fear of retaliation. His statement runs afoul of the values of the United States Constitution, which guarantees young people the right to speak or protest peacefully on issues on public concern.

In the famous case of Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969), the United States Supreme Court held that the protections of the First Amendment extend to students in public schools. In Tinker, the Court overruled a public school’s ban on students wearing black armbands to protest the Vietnam War. The Court held, “Students in school . . . may not be confined to the expression of those sentiments that are officially approved.” Numerous federal courts within the Eleventh Circuit–of which Georgia is a part–have found that school officials may be held personally liable for punishing students for expressing their views. See Holloman ex rel Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004).

If a superintendent or other school official were to punish a student for protesting peacefully–including “benching” students who knelt during the National Anthem–this would be a violation of the First Amendment. It would also be a violation of our national values of free speech. It would be a violation of the very freedoms the National Anthem is meant to celebrate.

If you are a student who has been punished for, or prevented from, exercising your First Amendment rights, or the parents of such a student, we would like to hear from you. We are civil rights attorneys specializing in constitutional law, and we have brought numerous First Amendment cases to court. We know how to bring these cases in a respectful and professional manner and fight to defend your rights under the constitution. Please give us a call at 678-271-0300 or send us an email from our contact form.

Baton Bob files suit for wrongful arrest, violation of First Amendment

bobWe have filed suit on behalf of our client, Bob Jamerson, also known as “Baton Bob.” We intend to prove that Bob was arrested without probable cause, in retaliation for his exercise of his First Amendment right to celebrate the Supreme Court decision striking down the federal ban on gay marriage. We look forward to working with Joshua Brownlee and his firm on this case.

You can read Bob’s official statement on the suit here.

Read the full complaint below:

Bob Jamerson aka "Baton Bob" v. City of Atlanta, et al. – Complaint

Newspaper Editor Terminated After Blogging His Religious Beliefs

A  former newspaper editor has filed a complaint with the Equal Employment Opportunity Commission claiming that the he was terminated from his job due to his religious beliefs. During his employment as editor of the Newton Daily News, Bob Eschliman earned seven journalism awards, and a total of seventy awards throughout his career.     According to this recent article, despite his accomplished career, Eschliman has had difficulty finding employment since his controversial departure from the Newton Daily News.

In April of this year, Eshliman authored a personal blog post criticizing a website that is focused on rewriting the Bible to make it more gay friendly. Eshliman accused the “Gaystopo” of attempting “to make their sinful nature right with God.” As a result of the blog post, Eshliman’s former employer at first suspended him without pay and ultimately terminated his employment.

In the paper’s editorial addressing the editor’s termination, John Rung stated, “Last week, he expressed an opinion in his personal blog that in no way reflects the opinion  of the Newton Daily News or Shaw Media.” Further stating, “While he is entitled to his opinion, his public airing of it compromised the reputation of this newspaper and his ability to lead it.”

Former U.S. Attorney and attorney for Eshliman,  Matt Whitaker stated,  “No one should be fired for simply expressing his religious beliefs. In America it is against the law to fire an employee for expressing a religious belief in public.”

If you or someone you know thinks they have been wrongfully terminated or their civil rights have been violated, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

 

DMV forces gender non-conforming teen to remove makeup before taking his photo, with First Amendment implications

After successfully completing his driver’s license test, a South Carolina teen was met with opposition when it came time to take his photograph. As detailed in this Washington Post article, Chase Culpepper, 16, identifies  as a gender nonconforming teen, wearing makeup on a consistent basis. Before taking his photograph, the Department of Motor Vehicles insisted that the boy remove his makeup.

Culpepper stated, “She said that I could not wear a disguise to take my photo, and according to her, me wearing makeup would be a disguise and that I did not look like a boy should.”

When asked about the incident, a spokesman for the DMV referred to this 2009 policy, “At no time will an applicant be photographed when it appears the he or she is purposely altering his or her appearance so that the photo would misrepresent his or her identity.” Such policies are put in place to prevent criminal activity, the DMV making exception for religious and medical reasons.

In a letter addressed to the Anderson DMV,  Executive Director of the Transgender Legal Defense and Education Fund, Michael Silverman wrote in part, “Chase’s freedom to express his gender should not be restricted by DMV staff. He is entitled to be who he is and to express that without interference form government actors. Forcing Chase to remove his makeup prior to taking his driver’s license photo restricts his free speech rights in violation of state and federal constitutional protections.”

If you or someone you know believes  that their constitutional rights have been violated, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.