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School suspends student for organizing anti-illegal immigration protest
© 2006 Student Press Law Center
June 6, 2006
CALIFORNIA — A
student in Riverside, Calif., filed a
lawsuit last week against his high school
after school officials suspended him for advertising an off-campus protest and
later stopped him from wearing an anti-immigration T-shirt.
Joshua
Denhalter was first suspended from Jurupa Valley High School in March when he
attempted to organize a counter-demonstration after several students from the
Mexican-American organization MEChA held a walkout and an on-campus protest
against recent federal immigration legislation. According to the lawsuit filed
Thursday, Denhalter was handing out fliers before school for a response assembly
that would have taken place during the school’s open lunch period on a
sidewalk outside of campus. Denhalter refused to comply after a school official
asked him to stop handing out fliers, and he was suspended for three
days.
School officials also prohibited Denhalter on May 25 from
wearing a T-shirt produced by “Save Our State,” a group against
illegal immigration in California.
Denhalter said he filed the
lawsuit both because he wanted to clear his record and bring attention to his
school’s actions.
“I think the school district needs to
change and realize that there are consequences for what they do,”
Denhalter said. “And I think they need to be respectful of
everybody’s rights, not just MEChA’s rights.”
A
Jurupa Valley Unified School District official referred the SPLC to attorney
Mike Marlatt, who did not return phone calls Monday and Tuesday. Elliott Duchon,
superintendent for the district, also declined comment to both the
Daily Bulletin and the
Press-Enterprise, two local
newspapers.
Denhalter’s lawsuit alleges that the school’s
conduct was “oppressive,” as well as “politically motivated
and partially fueled by a desire to avoid political controversy.” Richard
Ackerman, Denhalter’s attorney, said the school’s actions have
created one of the worst cases he’s seen involving a violation of
students’ expression rights.
“It shows an absolute lack
of commitment to free speech rights,” Ackerman said.
—by Whitney McFerron, SPLC
staff writer
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