{"id":1493622,"date":"2024-10-03T01:45:00","date_gmt":"2024-10-03T05:45:00","guid":{"rendered":"https:\/\/bugaluu.com\/news\/?p=1493622"},"modified":"2024-10-03T01:45:00","modified_gmt":"2024-10-03T05:45:00","slug":"student-wearing-black-paint-on-face-isnt-protected-by-first-amendment-judge","status":"publish","type":"post","link":"https:\/\/bugaluu.com\/news\/student-wearing-black-paint-on-face-isnt-protected-by-first-amendment-judge\/1493622\/","title":{"rendered":"Student Wearing Black Paint On Face Isn’t Protected By First Amendment: Judge"},"content":{"rendered":"

Student Wearing Black Paint On Face Isn’t Protected By First Amendment: Judge<\/span><\/p>\n

\n

Authored by Zachary Stieber via The Epoch Times,<\/em><\/a><\/p>\n

A middle school student who wore black paint on his face during a California football game is not protected by the U.S. Constitution\u2019s First Amendment, according to a federal judge.<\/strong><\/p>\n

<\/a><\/p>\n

The student, dubbed J.A. in court papers, his parents, and his lawyers have not shown that wearing the black paint is expressive conduct shielded by the First Amendment, U.S. District Judge Linda Lopez said<\/a> in a Sept. 30 ruling.<\/p>\n

J.A. said he put on the paint during the game to show team spirit, but that doesn\u2019t meet the bar established in other rulings, including a 2019 decision that found \u201cFirst Amendment protection is only granted to the act of wearing particular clothing or insignias where circumstances establish that an unmistakable communication is being made,\u201d<\/strong><\/em> Lopez wrote.<\/p>\n

\u201cBased on the current record, it is not likely that [the] plaintiff can prevail on the merits of his First Amendment claim, nor are there serious questions about it. It \u2018is possible to find some kernel of expression in almost every activity a person undertakes,\u2019 such as \u2018walking,\u2019 \u2019meeting one\u2019s friends,\u2018 or \u2019coming together to engage in recreational dancing\u2018 and other sports, \u2019but such a kernel is not sufficient to bring the activity within the protection of the First Amendment,’\u201d she added later, citing from other rulings.<\/em><\/p>\n

J.A. was suspended for two days by Muirlands Middle School, which said he was wearing blackface despite the black paint being used often by athletes, and accused him or his friends of uttering racial slurs during the October 2023 game.<\/strong><\/p>\n

Lopez was denying a request for a preliminary injunction that would have in part removed J.A.\u2019s two-day suspension from school records. The final ruling in the case has not yet been handed down.<\/p>\n

The game was at a different school, whose officials forwarded concerns about the incident to Muirlands Middle School officials.<\/p>\n

\u201cJust three years ago, the Supreme Court held that schools can only punish students for their off-campus speech in very limited circumstances not present here. The district court never addressed this threshold problem with Muirland Middle School\u2019s actions,\u201d <\/strong><\/em>Karin Sweigart, a lawyer with Dhillon Law Group who is representing J.A. and his parents, told The Epoch Times in an email.<\/p>\n

\u201cThere was no disruption of any kind that would have warranted punishing my client under binding Supreme Court precedent, and that would be true even if my client HAD engaged in a racist act, which he did not.<\/strong> My client had the right to engage in expressive activity by wearing eye black to show spirit on the sidelines of a football game, and we believe he will ultimately be vindicated as the facts come out in this case moving forward.\u201d<\/em><\/p>\n<\/div>\n

Tyler Durden<\/a><\/span>
\nWed, 10\/02\/2024 – 21:45<\/span><\/p>\n

\u200bhttps:\/\/www.zerohedge.com\/political\/student-wearing-black-paint-face-isnt-protected-first-amendment-judge<\/a>\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"

Student Wearing Black Paint On Face Isn’t Protected By First Amendment: Judge Authored by Zachary Stieber via The Epoch Times, A middle school student who…<\/p>\n","protected":false},"author":0,"featured_media":1493623,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1493622","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","wpcat-1-id"],"_links":{"self":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts\/1493622","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/comments?post=1493622"}],"version-history":[{"count":0,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts\/1493622\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/media\/1493623"}],"wp:attachment":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/media?parent=1493622"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/categories?post=1493622"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/tags?post=1493622"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}