Trashing the 1st & 5th Amendments in Illinois


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It is a never-ending source of amazement to me just how badly American public schools are being administered these days.  I am compiling a collection of “Zero Tolerance” articles for use in a future blog post, but today am motivated to write by an event which occurred on April 18 at Batavia High School in Batavia, Illinois.

On that date, Batavia High social studies teacher John Dryden discovered that the school was administering to students a “survey” in which they were asked, in part, about their use of drugs, alcohol and tobacco — use of all of which is, of course, illegal for high school students.  The name of each student appeared on these “surveys”, which also asked about other highly personal matters, including mental health.

Dryden John Batavia (Ill) High School Teacher

Upon discovering the content of the “survey”, teacher Dryden reminded his students in several of his classes of their 5th Amendment right not to incriminate themselves.  For this lesson in civics and constitutional law, Dryden has been threatened with placement of a “letter of remedy” in his personnel file.

Under Illinois law, a “letter of remedy” informs a teacher that his conduct was improper.  The school board can impose adverse consequences ranging all the way up to dismissal.

Former students, parents of current students and even one Batavia alderman have rallied to Dryden’s support and a “Defend and Support John Dryden” petition has garnered more than 1000 signatures (though some apparently are duplicates).

Separate and apart from the absurdity of disciplining a teacher for teaching his students about their constitutional rights, the survey itself raises other concerns.  It was prepared by a private company and is being reviewed by school officials, including social workers, counselors and psychologists.

According to an article in the Batavia Herald, Mr. Brad Newkirk, the school’s “chief academic officer” (whatever that is), commented that, “The survey was not a diagnostic tool, but a ‘screener’ to figure out which students might need specific help.”  Newkirk and other school officials involved in distributing this “survey” are apparently oblivious not only to the constitutional implications, but also to the blatant invasion of personal privacy and the fact that none of this is any of their business.

Despite being targeted for possible discipline, Mr. Dryden defended the school’s administrators, generously stating, “These are good, professional, smart people on the other side who want to do what is right by kids.”  On that point, I disagree with him.  If these administrators really want to “do what is right by the kids”, they will concentrate on teaching and leave law enforcement and mental health issues to professionals qualified to act on those issues.

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The Batavia Herald article discussing this issue is here:

http://www.dailyherald.com/article/20130525/news/705259921/

The petition supporting Mr. Dryden, which I have signed, is here:

http://www.thepetitionsite.com/927/122/050/defend-and-support-educator-john-dryden/

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Trashing the 1st & 2nd Amendments in Tennessee


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James Yeager is the owner of Tactical Response, a weapons training center in Camden, Tennessee.  His business trains people in weapons use and tactical skills — a sign on door of the business warns that the staff is trained to kill.

In response to reports that the Obama administration might take executive action to impose additional restrictions on individual rights under the 2nd Amendment, Yeager posted a You Tube video in which he said, among other things, “I’m telling you, if that happens, it’s going to spark a civil war, and I’ll be glad to fire the first shot,”

In response to Yeager’s comments — and in blatant violation of both the 1st and 2nd Amendments — the Tennessee Department of Safety & Homeland Security suspended Yeager’s carry permit.  TDS&HS Commissioner Bill Gibbons said in a news release announcing the suspension, “The number one priority for our department is to ensure the public’s safety. Mr. Yeager’s comments were irresponsible, dangerous, and deserved our immediate attention. Due to our concern, as well as that of law enforcement, his handgun permit was suspended immediately. We have notified Mr. Yeager about the suspension today via e-mail. He will receive an official notification of his suspension through the mail.”

Perhaps the “number one priority” of the TDS&HS ought to be upholding the 1st and 2nd Amendments of the US Constitution.  And perhaps Commissioner Gibbons ought to be more concerned about upholding the oath of office he took upon assuming control of his department, in which he swore to “support the constitutions of Tennessee and the United States”.

This suspension is clearly and unequivocally a violation of Yeager’s 1st Amendment right to free speech.  As decided by the United States Supreme Court in the 1965 Brandenburg v. Ohio case, the government cannot punish an individual who engages in “inflammatory speech” unless it is directed to inciting, and is likely to incite, “imminent lawless action“.

Yeager’s comments were unquestionably “inflammatory”.  Nevertheless, they are constitutionally protected against punishment by the State of Tennessee by the 1st Amendment, as applied to the states through the 14th Amendment.

In Brandenburg, a per curiam (unanimous) decision, the court said, “Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”  (emphasis added)

Because comments were conditioned on uncertain future events (“if that happens”), they cannot be taken as “inciting or producing imminent lawless action” and cannot be “likely to incite or produce such action”.  As the Brandenburg court also noted, “The line between what is permissible and not subject to control and what may be made impermissible and subject to regulation is the line between ideas and overt acts.”  (emphasis added)

In unlawfully punishing Yeager for the exercise of his 1st Amendment rights, the state of Tennessee has also “infringed” on Yeager’s 2nd Amendment right “to keep and bear arms” — a constitutional “two fer”, if you will.

Yeager has since revised his You Tube video to remove some of the more inflammatory comments.  He is now referring all questions about the situation to his attorney and intends to pursue a legal review of his license suspension.

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The Huffington Post article about Yeager’s diatribe is here:

http://www.huffingtonpost.com/2013/01/10/james-yeager-start-killing-people-obama-gun-policy_n_2448751.html

The MSNBC post regarding the suspension of Yeager’s handgun carry permit is here:

http://www.msnbc.msn.com/id/50429293

The Tennessee Department of Safety and Homeland Security website is here:

http://www.tn.gov/safety/

The Wikipedia article on Brandenburg v. Ohio (which discusses the Supreme Court 1st Amendment decisions on this issue which preceded Brandenburg) is here:

http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

The Brandenburg decision is available on Justia.com here:

https://supreme.justia.com/cases/federal/us/395/444/case.html

Flag-Burning is Still a Crime in Texas …


… despite the famous U. S. Supreme Court decision of Texas v. Johnson, in which the court held the Texas law against flag-burning is an unconstitutional restriction on First Amendment freedom of speech.

While doing some research on Texas law for another reason today, I ran across Texas Penal Code section 42.11, which not only makes it illegal to “damage, deface, mutilate or burn” the American flag, but also the Texas state flag.

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The 1st Amendment — Dialog on Religion & Government


My recent posts here regarding Randy DeSoto’s The Conservative Voice columns were an outgrowth of an ongoing conversation among a group of West Point graduates regarding 2008 presidential election issues. John Sloan, Class of 1955, a frequent contributor to this discussion, provided a lengthy and thoughtful comment on my post on the role of religion in government, to which I will respond here.

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