WOA! Okay, if the news accurately reported the story, the boy was arrested for, "interfereing with staff and students at an educational facility."
From a legal point of view, this case is really sticky and it would be great if the parents of this young man hired an attorney.
Contrary to what many of folks here are declaring, your first amendment rights are NOT absolute; especially in a school. School administrators are
allowed to tighten the scope of speech or conduct at an educational facility provided that their means of doing so are consistent with and narrowly
tailored to suit their educational mission. However, this young man was obviously NOT interrupting class, nor was he actively interfering with the
school's educational mission, as no one seemed to notice the picture until the teacher retrieved it from the trash-can (or demanded it from his hand
as he was throwing it away- the story is unclear at that point).
The school authorities must have lied to the police and cooked the story up to something it wasn't so as to compel the arrest of the young man for
"interfering with staff and students at an educational facility." This suspicion is warranted as the news report informed us that the student was
passively engaged in artwork, not disrupting class, and again, no one noticed the picture until the teacher retrieved it. This is especially
concerning; like I mentioned above, a teacher has a certain jurisdiction over the scope of free-speech within a class room, such as telling students,
'if I see anyone drawing during the lecture than, so and so...(threat of punishment)...etc.' However, the teacher may have been informed of the
therapist's advice (allowing him to draw so as not to disrupt class), or the teacher simply didn't care that he was drawing during class and didn't
make any such restrictions on that type of expressive conduct. So I think we are all curious as to how exactly this scenario warrants the arrest of a
minor on charges of "interfering with staff and students at an educational facility." Oh, the attorneys will have a field day here!!
When the young man was arrested, I am certain that the police confused him by the reading of his Miranda Rights, maneuvering him to acknowledge to the
arresting officers that he understood his rights when he in fact, did not. This is worrisome for several reasons. First, everyone with a brain (or
even us simple folk who really like to watch, 'COPS,' the tv show) knows that you should ALWAYS seek an attorney before questioning by the police.
I'm again certain that the young-man didn't know this as he explained himself to be frightened and terrified by the police's intimidation techniques,
yet obviously lacking the knowledge that he could put an end to the intimidation and terror by simply saying, "I will remain silent, I would like to
see a lawyer;" as warrants my suspicion that the young man DID NOT TRULY UNDERSTANDING HIS MIRANDA RIGHTS.
Second, while police are under no obligation to escort the parents of a minor (nor is the presence of an attorney required during arrest), after
arresting the minor, they MAY NOT proceed to question him if he requests his parent's presence during interrogation. According to the news-report,
the young man DID request his parents, and was denied.
I see here an absolute abuse of power not only by the police, but by the educational staff at the Colorado School. I really, really hope the parents
take this case to the Moon and make the biggest fools out of the lying school administrators and the arresting and interrogating officers.
on 22-2-2011 by kissy princess because: misspellings, etc...
edit on 22-2-2011 by kissy princess because: again...oh the
edit on 22-2-2011 by kissy princess because: Consistency
edit on 22-2-2011 by kissy princess because:
forgot an 's'