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Mon
Mar 10, 1:29 PM ET
LANCASTER, Pa. - The family of a middle school student who was given
detention for wearing a T-shirt bearing the image of a gun has filed a
federal freedom of speech lawsuit against the school district.
Donald Miller III, 14, went to Penn Manor High School in December
wearing a T-shirt he said was intended to honor his uncle, a U.S. Army
soldier fighting in Iraq.
The shirt bears the image of a military sidearm and on the front pocket
says "Volunteer Homeland Security." On the back, over another image of
the weapon, are the words "Special issue Resident Lifetime License —
United States Terrorist Hunting Permit — Permit No. 91101 — Gun Owner —
No Bag Limit."
Officials at the Millersville school told him to turn his shirt inside
out. When Miller refused, he got two days of detention.
His parents, Donald and Tina Miller of Holtwood, have accused the Penn
Manor School District in a lawsuit of violating their son's First
Amendment rights with a "vague Orwellian policy" that stifles both
patriotism and free speech.
But an attorney for the school district said school must create a safe
environment for students in the post-Columbine era, and bringing even
the image of a gun to school violates the district's policy.
"There's a much higher level of sensitivity these days," Penn Manor
attorney Kevin French said. "But it's based on reality."
The lawsuit was filed in January. A federal judge will hold a
conference on the case March 31.CC
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