Remember Baraboo High School in Wisconsin, the school where roughly 30 junior students threw a Nazi salute in their pre-prom photo? After a 10-day investigation into the incident, school officials have decided not to punish any of the students because of free-speech … or something.
In a letter sent to students and parents last Wednesday, the school district’s administrator Lori Mueller wrote, “Despite our efforts, we are still unclear about some key details…. As previously stated, we cannot know the intentions in the hearts of those who were involved…. Moreover, because of students’ First Amendment rights, the district is not in a position to punish the students for their actions.”
The school district held a 200-person community meeting on Monday in which district officials announced their planning of short- and long-term efforts to address racism and hatred in its school and repair the community’s image. An additional meeting for public comments will be held this Thursday at City Hall.
Related: This RuPaul’s Drag Race queen broke her hand punching a Nazi
How about we take this to the next level?
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The image of the teens throwing the Nazi salute appeared online on November 11 via the GoBaraboo Twitter account (which has since been set to private). Its caption read, “We even got the black kid to throw it up #BarabooProud.”
The picture was taken by Peter Gust, a parent who wasn’t the official school photographer. When the photo was taken, a gay student named Jordan Blue said his classmates knew what the salute meant and threw it as a some sort of joke.
VICE News contributor Jules Suzdaltsev said 100 people from the the high school and surrounding community told him that “the community as a whole has a lot of casual & jokey racism, homophobia, and transphobia that is accepted as a part of life. The school (and other schools in the area) do little to nothing to address these issues.”
Brian
Wow, that rationale is totally fabricated. The school is saying they *can’t* do anything because of the constitution, but that’s not true. They are *choosing* to do nothing.
What do these fools teach kids in civics class? Or history, or any social studies? Are they also teaching that 1+1=4 ?
MacAdvisor
I suppose the school could try to do something and earn themselves a huge legal bill for their efforts, but this was not a school event, it included people who are not students any more (former students participated), taken by someone not a school employee or contractor, and not on school grounds. I don’t see how the school can assert jurisdiction. The main case that sets the standard is Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). It holds students have free speech rights unless their is conduct that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.” There isn’t any evidence of such disruption. Even the famous Bong Hits 4 Jesus case, Morse v. Frederick, 551 U.S. 393, involved a school sponsored activity, even though the students were off campus at the time. The photo wasn’t posted by students to any school-related social media, but posted by the photographer.
The rational is not a fabrication. The First Amendment clearly protects this activity. Brian, if you truly think otherwise, please explain.
Juanjo
There may or may not be a 1st Amendment issue here. I do not have enough information on the specifics to determine that. However, I have a feeling these guys may find that this photo follows them through life.
PinkoOfTheGange
School event Jr Prom.
Morse should rule.
MacAdvisor
Not school event, not junior prom. Prior to the prom on private, not school, property or part of the prom location. The photograph and the location were entirely private.
MISTERJETT
and yet students who “take a knee” during the National Anthem are out on their asses. i guess symbols of hate are less frightening than protesting discrimination.
nitejonboy
You beat me to it…I was just about to say that I bet if they took a knee this would be a different story alltogether.
PLAYS WELL WITH OTHERS
Unfortunately the school is correct in not being able to punish them. Karma will however take care of that band of little smcubags…..
EVERY college Admissions Office will be doing a close look at any male applicant from that school. Pretty darn sure very few will take a chance on any one of them.
And Jordan got some satisfaction, am sure some of the smcubags who harrased and bullied him are in that photo. He stands tall and is recognized for refusing to act the fool. Most schools we will be more than willing to admit a kid with courage and principals…
Mpo2411
Hmm. I’ll admit to clueless on this. I would’ve just thought they were waving.
Society is dissolving so fast these days. A dystopian future is less sci fi and more almost a certainty.
A government that favors certain factions of society, law enforcement that regards itself as a governing body if it’s own, dissention between races, genders, orientations, religions, social castes. We’ll be looking at Thunderdome soon people if we don’t get our acts together and grow the f up and stop taking offense at things as petty as a classic Christmas song