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A personal notebook of sketches was taken from my son in his high school last week. The sketches are of some symbols that could be construed as satanic, ocult, gang or drug-related. My son is not in a gang or a cult nor is he a Satanist. The school refused to return his artwork and as of Nov. 4, 2009, has begun the process of exelling him. He is a senior at the high school and would very much like to graduate. Is the school violating his First Amendment Rights?

Submitted: 18 days and 5 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Indiana

Already Tried:
Reasoning with the school admin, but nothing legal thus far, as we just received notice of explusion yesterday (11/4/09)

Posted by DCrane 18 days and 5 hours ago.

Info Request

were the sketches taken from his notebook in his locker?

18 days and 5 hours ago.

Reply

He left all of his books, folders, etc. on a desk in a classroom. He left the class to see a counselor and did not return before the class was dismissed. The teacher took the belongings to the office and noticed some of the sketches. She observed that they were "drug related." Then the assistant principal was shown the belongings and they went through them and kept the folder/book of sketches. They also photocopied all the sketches and gave them to the local police.

17 days and 5 hours ago.

Reply

Relist: No answer yet.

Posted by DCrane 17 days and 5 hours ago.

Answer

while the access of the notebook's contents was not unlawful, the school does appear to be infringing upon his 1st amendment rights here. I assume there is no other related action that would lead them to believe your son is involved in gang activity?

17 days and 5 hours ago.

Reply

There is no other relation action in this matter.

Posted by DCrane 17 days and 4 hours ago.

Info Request

and with respect to your son, is there any indication that he is affiliated with a gang?

17 days and 4 hours ago.

Reply

none that I'm aware of. He's home every night, he just made the A/B honor roll for the recent marking period. He doesn't wear "colors" or other clothing indicative of gang membership. He's not pierced or tattood and I search his room frequently and have never found a single thing indicative of a gang or a cult membership.

Accepted Answer

thank you for the additional information, I would encourage you to appeal the expulsion to the school district superintendent, from your description it is unfounded.

Accepts:
Expert:	DCrane
Pos. Feedback:	98.7 %
Answered:	11/6/2009

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State/Country relating to Question: Indiana

Already Tried:
Reasoning with the school admin, but nothing legal thus far, as we just received notice of explusion yesterday (11/4/09)

Info Request

were the sketches taken from his notebook in his locker?

Reply

Reply

Relist: No answer yet.

Answer

while the access of the notebook's contents was not unlawful, the school does appear to be infringing upon his 1st amendment rights here. I assume there is no other related action that would lead them to believe your son is involved in gang activity?

Reply

There is no other relation action in this matter.

Info Request

and with respect to your son, is there any indication that he is affiliated with a gang?

Reply

Accepted Answer

thank you for the additional information, I would encourage you to appeal the expulsion to the school district superintendent, from your description it is unfounded.

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State/Country relating to Question: Indiana Already Tried: Reasoning with the school admin, but nothing legal thus far, as we just received notice of explusion yesterday (11/4/09)

Info Request

were the sketches taken from his notebook in his locker?

Reply

Reply

Relist: No answer yet.

Answer

while the access of the notebook's contents was not unlawful, the school does appear to be infringing upon his 1st amendment rights here. I assume there is no other related action that would lead them to believe your son is involved in gang activity?

Reply

There is no other relation action in this matter.

Info Request

and with respect to your son, is there any indication that he is affiliated with a gang?

Reply

Accepted Answer

thank you for the additional information, I would encourage you to appeal the expulsion to the school district superintendent, from your description it is unfounded.

Related Legal Questions

State/Country relating to Question: Indiana

Already Tried:
Reasoning with the school admin, but nothing legal thus far, as we just received notice of explusion yesterday (11/4/09)