Teen Faces Year in Jail and $500 Fine After Wearing NRA Shirt to School

Back in April, Logan Middle School in West Virginia found itself at the center of controversy when it suspended Jared Marcum, called the police, and had the eighth grader arrested. The teen's crime? Wearing a t-shirt that had a picture of a rifle and text that said, "NRA: Protect your right."

The teenager, who has no previous criminal record, went before a judge last week. He was officially charged with obstructing an officer, which carries a potential penalty of a $500 fine and up to one year in jail. WOWKTV reports:

We obtained official court documents from both sides of this case. On one hand, he arresting officer from the Logan City Police Department, James Adkins, claims that when Jared refused to stop talking, that hindered his ability to do his job, hence, the obstruction charge. On the other side, Ben White points out that nowhere in the arresting officer's petition, does it mention Jared ever making any threats or acting in a violent manner.

"Jared didn't do anything wrong," his lawyer said. "Officer Adkins could have done something differently," he added. The boy's stepfather, Allen Lardieiri, expressed his disbelief that the situation ever progressed this far. He said, "I don't' see how anybody would have an issue with a hunting rifle and NRA put on a t-shirt, especially when policy doesn't forbid it."

Marcum insists that at the core of his legal trouble is a fight for constitutional rights. "What they're doing is trying to take away my rights, my freedom of speech and my second amendment," Marcum said after being arrested. Lardieri stood by statement, reiterating that "what happened here in Logan can reverberate outside of Logan. This isn't over and neither are our rights."

The Logan County Board of Education's dress code can be found here. Although the school system forbids "clothing and accessories that display profanity, violence, discriminatory messages or sexually suggestive phrases" as well as advertisements for any alcohol, tobacco, or drug product," there is no mention of firearms of any kind or the NRA.

Comments

[Fist of Etiquette]

The boy's stepfather, Allen Lardieiri, expressed his disbelief that the situation ever progressed this far.

He's apparently never dealt with school administrators or law enforcement before. Authority doesn't back down; it has to be slapped down.

[Paul.]

Once again, Dunphy's remonstrations aside, the cop that showed up to make an arrest is culpable, not just the school officials and the judge who allowed this case to appear in his courtroom.

And nothing else happened?

[Metazoan]

This. Why did the cop actually have to make the arrest?

[Paul.]

I think from the modern cops' standpoint, rule one is once you take the call and arrive on site, an arrest will be made.

If there's no arrest to be made, refer to rule one.

[Pro Libertate]

Freedom to submit.

[Episiarch]

It's insane to me that in just, say, 20 years, we've gone from a society where this would never have gone this far because most people involved would have gone "this is ridiculous" to one where this type of thing happens frequently enough for us to have recurring stories about it. Think about how different it must to be to be in a time where a grown adult law enforcement officer isn't embarrassed and ashamed at being the kind of gigantic pussy who arrests a kid for wearing a t-shirt and talking about his constitutional rights, and additionally charges him with a ridiculous bullshit charge. And how no one else involved went "this is ridiculous".

[Pro Libertate]

We're losing our liberty because too many of us allow it. Even now, a significant outcry against this kind of bullshit could stop it. But no, we just submit to whatever.

[Paul.]

I say again, there's something to be said for public ridicule and death threats. From my estimation, it's the only pathway to get these authoritarians to back down. Because reason and accountability has failed so utterly.

[Episiarch]

The problem is that the authoritarians have spent this entire time building up their support system, their various immunities to retaliation, and general deference for authority. That's what has to be reversed. And ground zero for this buildup is public schools.

[Pro Libertate]

REBEL.

[Episiarch]

You need a sufficient number of rebels to have a rebellion.

Look, prosperity is in many ways the enemy of liberty. People are comfortable and rebelling is dangerous and scary and difficult. You're not going to be having a rebellion unless something really fucked happens to our living standards.

[Pro Libertate]

Maybe what we need is a social media site that encourages resistance to tyranny. Like Defiancebook.

[BuSab Agent]

They're working on that!

[Episiarch]

Yeah, but they're also doing everything within their power to kick the can down the road.

[Pro Libertate]

The longer the economic collapse takes, the better off the tyrants are. If we'd gone from mostly free and prosperous immediately to mostly unfree and poor, we'd be in the streets.

[Paul.]

You're not going to be having a rebellion unless something really fucked happens to our living standards.

Well, when the economy took a dump in 2007/2008 we got the Occupy Movement, which was essentially a Pro-government pep-rally. It was a group of people demanding more authority, more oversight, more regulations, and more handouts from the government.

The whole thing was predicated on this idea that Wall Street was running everything. Please ignore the fact that the people running the government could have just said, "No" when Wall Street asked for a trillion dollars in bailouts.

To have a rebellion, you have to convince people that their decline in living standards can be fixed with less government, not more.

[sarcasmic]

I say again, there's something to be said for public ridicule and death threats.

Spoken like a true domestic terrorist. Because that is how anyone who reacts in that manner will be treated.

[Warty]

It's a serious societal problem. How do we correct it, though? Lynchings? Please say lynchings.

[Pro Libertate]

As you know, I favor tarring and feathering, but why not competitive solutions to these problems that face America?

[DesigNate]

Let the punishment be decided by the highest bidder.

[Pro Libertate]

No, that sounds too governmenty. I say we all employ whatever punishments we like and let the market decide.

[Paul.]

Either way, wouldn't it best to have the punishment decided by the lowest bidder?

[Pro Libertate]

Cash only, no credit.

[DesigNate]

Lowest bidder is how government does things. And we've all seen where that leads us. (A future with Riker at the helm)

[Paul.]

Lowest bidder is how government does things. And we've all seen where that leads us. (A future with Riker at the helm)

While technically correct, I think you missed my point.

Two punishments:

One safe, painless, requiring expensive chemicals and high-priced experts. Expensive.

The other, a can of gasoline and a match, or a .45 to the temple. At $3.85 a gallon, or even $.43 a bullet, inexpensive.

[DesigNate]

Ahh, got it.

[Pro Libertate]

I object to the bidding process altogether for this. We need the invisible bitchslapping hand.

[Paul.]

We need the invisible bitchslapping hand.

Someone would refer to it as a 'bitchslapping failure' and we'd be right back to where we started.

[Pro Libertate]

Free bitchslapping is the cornerstone of American liberty. It all started when we bitchslapped King George III.

[Ted S.]

Spank me!

[General Butt Naked]

My thing lately has been forced self-immolation.

"Look guv'na, you can self-immolate or we can do it for you, see. You don't want us to do it for you."

[Pro Libertate]

What are you, a cop?

[Drake]

Seriously - everyone one who knows the cop, teacher, principal, and judge involved should spit on them. Then do everything possible to get them all fired.

[PapayaSF]

1) "Zero tolerance." 2) PC fear of weapons. 3) Leftist beliefs about the power of symbols and symbolic gestures. Thus, image of gun (or toy gun, or butter knife) equals murder.

[Stormy Dragon]

On one hand, he arresting officer from the Logan City Police Department, James Adkins, claims that when Jared refused to stop talking, that hindered his ability to do his job, hence, the obstruction charge

If you remain silent, you're admitting guilt. If you aren't silent, you're obstructing the officer.

[Paul.]

Good catch.

[Agammamon]

". . .there is no mention of firearms of any kind or the NRA."

Why do reporters keep mentioning this as if its important? Let's say they did ban mentions of firearms and the kid wore the shirt - sure he's guilt of violating the school's dress code, it would still have been wrong for the school to call the cops in.

The real issue here is that the POLICE were called in the first place. And that you can really get a "obstructing an officer" charge simply for not shutting up when the cop tells you to.

A secondary issue is how can you get away with banning speech in school that would be perfectly legal outside of it.

[Leigh]

I give you, "Bong hits for Jesus."
http://en.wikipedia.org/wiki/Morse_v._Frederick

[DEATFBIRSECIA]

"What they're doing is trying to take away my rights, my freedom of speech and my second amendment," Marcum said after being arrested.

And another Enemy of the State graduates from basic training.

[Alice Bowie]

I've brought this up before.

We, as a nation, need to clearly define the conduct of an individual being apprehended by the police.

If a cop is investigating and the perp refuses to cooperate with the officer's questioning, can an officer arrest you for this? Can cops tell us to shut up and if we don't obey, we are arrested for disorderly conduct or another crappy charge?

Obviously, when it's you and the cop on a lonely road, a cop can make up anything. So, if these laws are in the books, yea, people asserting their rights or professing that they know their rights (especially if the perp is non-white), the cop can arrest anyone.

I hate these "catch-all" laws which allow police to arrest anyone.

Any person would be defiant if being arrested for doing nothing wrong. However, when does it turn into resisting arrest? Or, should the charge resisting arrest even exist?

[Floridian]

There was an article not long ago about in Texas they can arrest you for any crime except speeding. The court upheld this as lawful. I believe it is applicable nationally though from the article.

[Aresen]

While I admire Jared's commitment to free speech, I gotta admit that I frequently get the urge to smack a loud-mouthed kid who won't shut up.

[Pro Libertate]

You may have a point. Perhaps the deemphasis on corporal punishment is to blame. Certainly, in my parents time, a cop could bitchslap a bratty kid. As could any school employee. With no consequences except that the parent would further punish the child for being punished at school. Needless to say, there was no talk about the kid or anyone else being arrested or charged with anything.

[Aresen]

I agree.

The escalation from 'no consequences' for obnoxiousness directly to criminal charges (or immediate execution) seems excessively steep to provide a true learning curve.

[Pro Libertate]

There's one solution. Get the government out of education altogether.

[JohnTheRevelator]

Oh I don't know, it seems to me like quite a few people learned a useful lesson from it.

[DesigNate]

Telling a cop you have the freedom of speech is hardly being a bratty kid though.

[Aresen]

True.

Though "teenaged male" and "bratty kid" are damned near synonymous, none of us were present, so we don't know how Jared carried on.

OTOH, cops have thinner skins than an anorexic girl being called 'fat'.

[BigT]

All pigs should be fitted with video cameras at all times. No arrests without video evidence. All arrests without are criminal detentions, punishable by up to 5 yrs in prison.

[Tejicano]

Freaking Hell! We classify teenaged high schoolers as minors primarily because they lack adult judgement but in this case arrest one as an adult for showing a lack of judgement. It has to be one or the other.

Even assuming that the school has to right to declare that the NRA T-shirt is against the dress code the correct thing to do would have either been to tell him to change it or simply not wear it again.

This is wrong on so many levels just starting with wasting tax money getting the police involved in a dress code violation. Are you fucking kidding me???