Judge rules against gun photo in yearbook

troylaplante · 03-18-2005, 02:45 PM

I've followed this story for a while now. Finally a court ruling.

http://www.fosters.com/apps/pbcs.dll...S0201/50318004

Friday, March 18, 2005
Judge rules against gun photo in Londonderry yearbook

CONCORD, N.H. (AP) — A high school senior’s bid to have his shotgun in his yearbook portrait was rejected Thursday by a federal judge.

U.S. District Judge Steven McAuliffe ruled that Blake Douglass failed to prove that school officials violated his First Amendment rights.

He said the decision to withhold publishing the picture was made by student editors, whose decisions are protected by the First Amendment.

The boy’s lawyer, who had maintained the school acted to ban the photo, said she would appeal to a higher court if the Londonderry High School student decides to keep fighting the school district.

“I think the First U.S. Circuit Court of Appeals would like to hear from us,” she said, “but it’s going to be Blake’s decision,” his lawyer, Penny Dean said.

A telephone message left at the boy’s home Thursday night was not returned immediately.

Douglass, an avid trap shooter, wanted his broken-open shotgun over his shoulder the way he says seniors in earlier yearbooks have used musical instruments to illustrate their hobbies. The school recently banned all props from senior photos.

Douglass had maintained the decision was made by the yearbook’s faculty adviser and other school officials, but McAuliffe found otherwise.

The yearbook, he wrote, “is the product of volunteer efforts by students.”

Last week, McAuliffe hinted that he would rule against the senior when he congratulated him for bringing the case forward.

“I’m awful proud of you for bringing the case. You stood up for your First Amendment rights,” McAuliffe told him. “If it doesn’t go well for you, I want you to know you did the right thing.”

The yearbook deadline is March 20 — any appeal would not occur before then, so the photo likely would never be published.

But Sherwood Douglass, the boy’s father, said last week an appeal could set legal precedents “so hopefully people won’t have to go through the pain of what (Blake) went through.”

The Douglass family has maintained faculty members, not students, banned the photo because of a perceived prejudice against guns. If so, the administrators, acting as state actors, would have violated Douglass’ constitutional rights.

But in a preliminary decision last month, McAuliffe ruled student editors decided to reject the photo. That ruling weakened Douglass’ case because students are private actors and, like newspaper editors, their editorial choices are protected by the First Amendment.

Blake Douglass claimed the school was discriminating against him based on his hobby, violating his freedom of expression.

Trapshooting involves clay disks tossed into the air. Douglass posed in trapshooting gear, including a sportsman’s vest, with his broken-open Ruger shotgun draped over his shoulder. School officials acknowledged the photo is not threatening, but contended it would be inappropriate and could send the message that the school endorses guns.

Dean also had argued that a new school policy banning yearbook photos with props, political ads and items promoting alcohol, drugs or tobacco was adopted to target Douglass. Because it was passed after he sued, it shouldn’t apply to him, she said.

But in his decision Thursday, McAuliffe wrote that Douglass failed to prove that “the new policy is a ruse or facade, actually designed to suppress his particular message.”

Shaun · 03-18-2005, 03:30 PM

I still see nothing wrong with the shotgun

hounddawg · 03-18-2005, 03:52 PM

Ohhhhhhmyyyyygawwwwd! It's a gun! Run for the hills! No, wait, hillbillies have guns too! We're surrounded!

Apollyon67 · 03-26-2005, 04:33 PM

Another case of predjudice. teen boy that has a gun = must be bad. Shallow minded people should be tarred and feathered, put on an !!! and run out of town to France.

gunssb · 03-26-2005, 04:46 PM

Morons. There was another story some time back about a high school kid being forbidden from wearing a shirt showing that he won a shooting match - that's right, kids who grow up with guns and get into shooting sports turn into Columbine freaks

Apollyon I'm going to France this summer :insane: not terribly looking forward to it but I have to for work. Will let you guys know if it's as bad as it sounds

Apollyon67 · 03-26-2005, 05:05 PM

Gunssb, Well at least if you go and they have a "tourist season" you should be pretty safe from them.

03-18-2005, 02:45 PM	#1
troylaplante Moderator Join Date: Nov 2004 Location: Selma, NC Posts: 2,223	Judge rules against gun photo in yearbook I've followed this story for a while now. Finally a court ruling. http://www.fosters.com/apps/pbcs.dll...S0201/50318004 Friday, March 18, 2005 Judge rules against gun photo in Londonderry yearbook CONCORD, N.H. (AP) — A high school senior’s bid to have his shotgun in his yearbook portrait was rejected Thursday by a federal judge. U.S. District Judge Steven McAuliffe ruled that Blake Douglass failed to prove that school officials violated his First Amendment rights. He said the decision to withhold publishing the picture was made by student editors, whose decisions are protected by the First Amendment. The boy’s lawyer, who had maintained the school acted to ban the photo, said she would appeal to a higher court if the Londonderry High School student decides to keep fighting the school district. “I think the First U.S. Circuit Court of Appeals would like to hear from us,” she said, “but it’s going to be Blake’s decision,” his lawyer, Penny Dean said. A telephone message left at the boy’s home Thursday night was not returned immediately. Douglass, an avid trap shooter, wanted his broken-open shotgun over his shoulder the way he says seniors in earlier yearbooks have used musical instruments to illustrate their hobbies. The school recently banned all props from senior photos. Douglass had maintained the decision was made by the yearbook’s faculty adviser and other school officials, but McAuliffe found otherwise. The yearbook, he wrote, “is the product of volunteer efforts by students.” Last week, McAuliffe hinted that he would rule against the senior when he congratulated him for bringing the case forward. “I’m awful proud of you for bringing the case. You stood up for your First Amendment rights,” McAuliffe told him. “If it doesn’t go well for you, I want you to know you did the right thing.” The yearbook deadline is March 20 — any appeal would not occur before then, so the photo likely would never be published. But Sherwood Douglass, the boy’s father, said last week an appeal could set legal precedents “so hopefully people won’t have to go through the pain of what (Blake) went through.” The Douglass family has maintained faculty members, not students, banned the photo because of a perceived prejudice against guns. If so, the administrators, acting as state actors, would have violated Douglass’ constitutional rights. But in a preliminary decision last month, McAuliffe ruled student editors decided to reject the photo. That ruling weakened Douglass’ case because students are private actors and, like newspaper editors, their editorial choices are protected by the First Amendment. Blake Douglass claimed the school was discriminating against him based on his hobby, violating his freedom of expression. Trapshooting involves clay disks tossed into the air. Douglass posed in trapshooting gear, including a sportsman’s vest, with his broken-open Ruger shotgun draped over his shoulder. School officials acknowledged the photo is not threatening, but contended it would be inappropriate and could send the message that the school endorses guns. Dean also had argued that a new school policy banning yearbook photos with props, political ads and items promoting alcohol, drugs or tobacco was adopted to target Douglass. Because it was passed after he sued, it shouldn’t apply to him, she said. But in his decision Thursday, McAuliffe wrote that Douglass failed to prove that “the new policy is a ruse or facade, actually designed to suppress his particular message.”

03-18-2005, 03:30 PM	#2
Shaun Super Moderator Join Date: Mar 2002 Location: Nashville, TN Posts: 8,592 Images: 1	I still see nothing wrong with the shotgun __________________ "Homeland Security is the responsibility of an armed citizen" ME http://webpages.charter.net/s.s.v/

03-18-2005, 03:52 PM	#3
hounddawg Senior Member Join Date: Jan 2005 Location: South of Nasty-vile, Tennessee Posts: 535 Images: 1	Ohhhhhhmyyyyygawwwwd! It's a gun! Run for the hills! No, wait, hillbillies have guns too! We're surrounded! __________________ http://images.animationfactory.com/a...ing_md_clr.gif If the people be of sound mind, laws are unneccesary. If the people be not of sound mind, laws are useless. --Plato

03-26-2005, 04:33 PM	#4
Apollyon67 Senior Member Join Date: Nov 2004 Location: Southern Maryland Posts: 2,235 Images: 17	Another case of predjudice. teen boy that has a gun = must be bad. Shallow minded people should be tarred and feathered, put on an !!! and run out of town to France. __________________ "To err is human, to repent divine; to persist devilish." Ben Franklin

03-26-2005, 05:05 PM	#6
Apollyon67 Senior Member Join Date: Nov 2004 Location: Southern Maryland Posts: 2,235 Images: 17	Gunssb, Well at least if you go and they have a "tourist season" you should be pretty safe from them. __________________ "To err is human, to repent divine; to persist devilish." Ben Franklin

03-26-2005, 04:46 PM	#5
gunssb Senior Member Join Date: Jan 2005 Location: socal Posts: 1,833	Morons. There was another story some time back about a high school kid being forbidden from wearing a shirt showing that he won a shooting match - that's right, kids who grow up with guns and get into shooting sports turn into Columbine freaks Apollyon I'm going to France this summer :insane: not terribly looking forward to it but I have to for work. Will let you guys know if it's as bad as it sounds