PRESS RELEASE

Contact:

Richard D. Ackerman
www.LivelyAckerman.com

SOUTHERN CALIFORNIA HIGH SCHOOL SUED FOR SILENCING STUDENT
ON ISSUE OF ILLEGAL IMMIGRATION

(June 1, 2006 Riverside, CA) The public interest firm of Lively, Ackerman & Cowles filed suit on behalf of Jurupa Valley High School student Joshua Denhalter on Thursday afternoon. The First Amendment suit alleges that the high school has intentionally interfered with his right to speak out on the issue of illegal immigration.

He alleges that on March 27, 2006, dozens of 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, Plaintiff 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, Plaintiff 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, Plaintiff 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, Defendants allowed MECHA to sponsor an on-campus rally in opposition to HR4437. Denhalter asked for permission to sponsor a similar rally on campus but was flatly denied by the JUSD school board.

Finally, just the week before filing of this complaint, on or about May 25, 2006, Defendants, and their “authorized” representatives, prohibited Plaintiff from wearing a “Save Our State” t-shirt by telling him that he needed to turn the shirt inside out and not ever where it again. The content of the political speech set forth on the shirt was the sole basis for this censorship and prior restraint of Plaintiff’s rights. Plaintiff seeks a TRO 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 for the plaintiff, “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.

"First they ignore you, then they laugh at you, then they fight you, and then you win."
- Mahatma Gandhi

"In the beginning of a change, the Patriot is a scarce man, Brave, Hated and Scorned. When his cause succeeds however, the timid join him, for then it costs nothing to be a Patriot."

- Mark Twain