A California student has filed an emergency appeal claiming high school officials intentionally interfered with his right to speak out on the issue of illegal immigration.
Joshua Denhalter of Jurupa Valley High School in Mira Loma, Calif., alleges he was barred from holding a counter-protest after students March 27, mostly of Mexican-American descent, illegally walked out of school in protest of legislation in the U.S. House of Representatives that would make being in the country illegally a felony.
Denhalter is represented by the public interest firm Lively, Ackerman & Cowles, which filed the appeal yesterday with the California Fourth District Court of Appeal, requesting he be allowed to “express himself freely as to political matters until the end of the school year,” June 21.
The student, who plans to begin Marine Corps boot camp June 26, says that instead of walking out and being truant, he chose to organize a legitimate and lawful counter-protest during the lunch hour March 30.
The emergency appeal follows a superior court’s refusal to hear Denhalter’s demand for relief June 14
Attorney Richard Ackerman called the school’s actions “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,” Ackerman said. “These officials must be severely punished for their actions.”
The suit says the “peaceable assembly” was to take place across from the school on a public sidewalk, which traditionally is considered a public forum.
Denhalter claims the assembly would not have disrupted school activities because the high school has an “open lunch” period in which students are free to come and go.
Any student, therefore, could have attended the assembly during lunch without disruption or violation of truancy laws.
On the morning of March 30, Denhalter handed out fliers for the event and later was approached by school officials who told him he had to stop.
The student refused and was suspended for “handing out flyers (before school) advocating the disruption of school activities.”
The suit argues, however, the school did not punish the dozens of students who walked out in violation of the law several days before.
Denhalter also points out that from March 27-30, the school allowed the radical Hispanic separatist group MEChA to sponsor an on-campus rally in opposition to the House bill.
Denhalter’s request to sponsor a similar rally on campus was denied by the school board.
The suit also says that on May 25 school officials barred Denhalter from wearing a “Save Our State T-shirt.
Ackerman says Denhalter, on the verge of entering the Marine Corps, cannot afford the litigation and is accepting tax-deductible donations through the Sacramento-based Pro Family Law Center.
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