Thread: California School Sued Silencing Student on illegal immigrat

Southern California High School Sued for Silencing Student on Issue of
Illegal Immigration

To: National Desk

Contact: Richard D. Ackerman, Esq., Lively, Ackerman & Cowles,
951-308-6454, 951-258-5456 cell

RIVERSIDE, Calif., June 2 /Christian Newswire
<http://www.christiannewswire.org>/ -- The public interest firm of
Lively, Ackerman & Cowles <http://www.livelyackerman.com/> filed suit on
behalf of Jurupa Valley High School student Joshua Denhalter on Thursday
afternoon. The First Amendment suit alleges that the public high school
has intentionally interfered with his right to speak out on the issue of
illegal immigration.

Mr. Denhalter alleges that on March 27, 2006, dozens of high school
students, mostly of Mexican-American descent, illegally walked out of
school in protest of legislation (HR4437) that was being proposed by the
U.S. Congress concerning illegal immigration. He was not one of these
students and chose to act lawfully.

Instead of illegally walking out of school and being truant, Denhalter
chose to organize a legitimate and lawful counter-protest/assembly
during the lunch hour on or about March 30, 2006. The peaceable assembly
was to take place across from the school on a public sidewalk (i.e., a
traditional public forum).

The peaceable assembly would not have disrupted school activities
because Jurupa Valley High School has an “open lunch” period. This means
that students are free to come and go during this time. As such, any
student could have “walked out” during the lunch to attend the assembly
and there would be no disruption or violation of truancy laws.

On the morning of March 30, 2006, Denhalter began handing out flyers for
his event. That same morning, around 7:30 AM, he was approached by
school officials and told that he could not hand out flyers advertising
his First Amendment protected activities. He refused to give up his
right to pass out handbills/flyers. As a result of his refusal to give
up his constitutional rights, Denhalter was suspended for “handing out
flyers (before school) advocating the disruption of school activities”.
However, the school did not punish the dozens of students who walked out
in violation of the law several days before.

Furthermore, between March 27 and March 30, 2006, the school allowed
MECHA to sponsor an on-campus rally in opposition to HR4437. Denhalter
asked for permission to sponsor a similar counter-rally on campus but
was flatly denied by the school district's board.

Finally, just the week before filing of this complaint, on May 25, 2006,
the school prohibited Denhalter from wearing a “Save Our State
<http://www.saveourstate.org/>” t-shirt by telling him that he needed to
turn the shirt inside out and not ever wear it again. The content of the
political speech set forth on the shirt was the sole basis for this
censorship and prior restraint of Denhalter’s rights. He seeks a
restraining order allowing him to express himself freely as to political
matters until the end of the school year (i.e., June 21, 2006).

According to lead attorney Richard D. Ackerman, “This is one of the
worst governmental censorship cases I have seen in over a decade of
practice. It is simply unbelievable that a school district would take
sides with those who promote illegal activity over a student wishing to
express his protected views in a traditionally and legally acceptable
manner. These officials must be severely punished for their actions.”
The law firm is handling this matter on a pro bono basis. The firm says
that temporary restraining orders will be sought against the school
within the next ten days.

Donations are being taken for Denhalter's legal costs through the
donation link at www.profamilylawcenter.com
<http://www.profamilylawcenter.com/>. Those interested in helping this
young man can designate the money to be used for the "Josh Denhalter
First Amendment Fund." Tax deductible donations will only be used to
assist in his and related First Amendment cases. Mr. Denhalter is going
to boot camp five days after graduating from Jurupa Valley High School
and cannot afford the costs of this litigation.

HI ALIPAC,

It is simply unbelievable that a school district would take
sides with those who promote illegal activity over a student wishing to
express his protected views in a traditionally and legally acceptable
manner.

Exactly. And yet they had MEChA on campus, earlier? I wonder where the administration's loyalty stands...with Mexico, of course! And students walked out of class to protest...but that was ok.

This will be an important case...let's see what activist judges do with the First Amendment.

It's refreshing to see that this lawsuit has evolved and it my sincerest hope that democracy prevails over the terrorism of organizations like Mecha. I am so sick of the 3rd world anti-American Mexican mentality....if Mexico is such a great place, then the students who unlawfully protested should move there.

Hi, This is my first post , but felt inclined to post since I live and work in Riverside County and my kids go to high school and middle school in this county. I have lived in this area for over 30 years and have watched the demographics change to where it is sometimes difficult to walk into a business and find someone who speaks English. In fact, when my son was registered for school in this county, he was automatically placed in an English as a second language Kindergarten class because we have a Spanish origin last name - they assumed - never asked - that we were non-English speakers? So, on the first day of school I had to take my blond haired, green eyed son who doesn't speak a word of Spanish out of class and have him moved to an English speaking class!!!! Both kids experienced the "walk-outs" in April and May, in fact, they were kept home on May 1st due to threats of racially motivated violence. This whole issue just sickens me! I'm afraid for our future.

By the way, thank you to ALIPAC for being here, and for the information that you provide.

Welcome SoCal,

Glad to have you here.

William

socal,

Let me add my welcome!

Personal experience really does matter doesn't it? I'm sorry your children had to experience that.

What I find so odd is English is taught as a "second language"....hmmm, maybe we should change that so the proper term would be "our nation's primary language." I'm so tired of the accomdations that are made especially for people who don't even have the right to be here. I will never yield as a second class citizen to someone who is an illegal alien on fundamental issues.

Thanks, I'm happy to be here. I often feel quite alone in "liberal" California. It's a comfort to know that there are many others out there who feel like I do. I have to keep my opinions to myself a lot out here!! I am a Labor and Delivery nurse and deal with illegal immigrants on a daily basis. It's sometimes hard to make it through the day. I feel like I'm aiding the movement that I'm against. I've lost count of the number of "anchor babies" I've helped deliver.

outnumberedinsocal wrote

I feel like I'm aiding the movement that I'm against. I've lost count of the number of "anchor babies" I've helped deliver.

Please don't feel that way, socal, by the way, welcome. You just need to remember that you are doing what your job requires--you are a nurse. You are not working against our goals, you are doing your job. Its not your fault that the patients you are getting are here illegally.

I know I'm just doing my job, and I'm certainly not going to quit nursing after all I've invested into my career, BUT, it's depressing to see the fraud, hear the lies, and see the abuses of the system every day!! I live in an area that has become overrun with illegal immigrants over the last several years.

I used to attempt to speak Spanish to them, I felt somehow obligated. But, since I blew a gasket on May 1st, I outright refuse. Even though I can "habla" a little and understand more than I "habla", I just can't do it anymore!! Darn it, they can learn English!!

NOW, I would NEVER put a patient at any medical risk, BUT, I don't have to cater to them! AND, it's amazing since I've stopped trying to speak my horrible Spanglish to them, they can come up with some English when they are required to!