Picture of gun violates zero tolerance policy

Jim | New Hampshire | Tuesday, November 16th, 2004

NRA backs student on gun photo in yearbook
Senior sticks to his gun defending school photo

The Londonderry High School yearbook is full of pictures of students holding items from their hobbies. Trombones, paintbrushes, you name it. What it does not have is a picture of Blake Douglass with his skeet shooting rifle. The reason? Having a picture of a gun violates their zero tolerance policy.

School officials have said a photo with a gun violates their zero-tolerance policies.

“This is a case of political correctness run amok,” said NRA spokeswoman Kelly Hobbs.


Douglass is being backed by the National Rifle Association and the Gun Owners of New Hampshire and will press suit if the decision to ban his picture is not reversed. The district is insured against such suits so is not overly concerned about a legal battle. They did offer a compromise where the picture with the gun would be printed in the sports section of the yearbook. That offer was refused. I guess it is only pictures of guns in the Seniors Portrait section that violate the zero tolerance rules. They’re okay in other parts of the book.

Douglass’s attorney, Penny Dean of Concord, N.H., said she will file for an injunction in federal court to prevent the yearbook from being printed until the court rules. She also plans to file a suit that would seek a court order forcing the school district to print the picture with the senior portraits, reimburse Douglass for all costs and fees, and draft a policy that addresses such issues.

“The compromise is a red herring. It is like the old saying that freedom of speech does not stop at the schoolhouse door,” said Dean in a telephone interview.

I honestly hope that this doesn’t happen. There is a whole school full of students who would be affected if the yearbook was delayed. I also don’t see the compromise offer as a red herring. It was a face saving effort on the part of the school board. If Douglass had accepted it then he would have left them a semblance of authority and control. If they had just reversed themselves and allowed the picture as Douglass wanted it they would have totally lost this image. Now they can stick to their guns until a court forces them to do the right thing and maintain their ivory tower status.

Separately, the legal panel of the American Civil Liberties Union in New Hampshire met to discuss the case on Wednesday. Claire Ebel, executive director of the group, said she believes Douglass’s First Amendment rights may have been violated. “It is laudable that the school district allows its students creativity with their senior portraits,” said Ebel, pointing to examples of students posing with cars, pets, and instruments. “But they had to set standards when they started allowing these types of pictures. They cannot go back and impose standards after the fact.”

Ebel went on to say that the only picture that could be banned would be one that violates the law. For example, if a student submitted a picture with full frontal nudity, the school district could ban the photo because it violates the obscenity law.

(Tip credit to Bumper)

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