WEST VIRGINIA — Near the entrance of Logan Middle School is a statue called “The Doughboy” — a World War I soldier carrying a firearm in one hand, and in the other a grenade. The bronze figure is indicative of West Virginia’s gun culture. As is the state flag — which features two firearms — and West Virginia University’s mascot, the musket-toting Mountaineer. But when an eighth-grade Logan Middle School student refused to remove his National Rifle Association T-shirt because a teacher said it violated the dress code, he was suspended. In response, the student’s mother has filed a federal lawsuit against the Logan County Board of Education and 10 employees, arguing the punishment violated the student’s First Amendment rights. “People just don’t …show more content…
The policy also banned clothing that advertised alcohol, tobacco or drug products. “Unless it says ‘bring this gun and kill somebody,’ then that I think would fall under the language, but it’s a Second Amendment ‘protect your rights’ [message] and it shows a hunting rifle,” White said. “I can’t imagine anybody believing this particular shirt would be against that policy.” In 2004, a Virginia middle school student settled a similar lawsuit against the Albemarle County School Board after his principal required him to wear his “NRA Sports Shooting Camp” T-shirt inside out. Along with removing the suspension from Marcum’s record, the lawsuit seeks $250,000 in punitive damages and $200,000 in damages for “embarrassment and humiliation, mental distress and for damages related to the indignities visited upon him.” White said he hopes the suit will also force an apology. “I’m not saying my client is innocent, but he’s certainly not guilty of obstructing an officer, he’s not guilty of wearing a shirt that’s against the policy,” White said. “I guess he’s guilty of standing up for his freedom of speech and Second Amendment