Banning the First Amendment

Amendment 1: Freedom of Religion, Press, Expression.
Ratified 12/15/1791

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
U.S. Constitution


In Illinois today a high school senior, straight A student, was arrested and charged with 2 accounts of disorderly conduct based on the content of his creative writings (CNN).
The class was given a creative writing assignment in which they were told to "write whatever comes to your mind. Do not judge or censor what you are writing."

According to the complaint, Lee's essay reads in part, "Blood, sex and booze. Drugs, drugs, drugs are fun. Stab, stab, stab, stab, stab, s...t...a...b...puke. So I had this dream last night where I went into a building, pulled out two P90s and started shooting everyone, then had sex with the dead bodies. Well, not really, but it would be funny if I did."

Officials claim that the writings were inappropriate while the father and boy believe that the writings were taken out of context.



This is an interesting case obviously brought about by the happenings at Virginia Tech on April 16, 2007. The killer in the VT shootings was known to have written disturbingly violent essays which were brought to the attention of authorities who had no legal ability to respond. In hindsight, authorities believe they should have acted on the writings.
Could they though? Wasn't it within his civil rights granted in the first amendment to be able to express himself?


I believe that this high school student may need psychiatric evaluation and his writings were indeed inappropriate, however, I don't think that arresting him is legally just. Should the teacher have suggested psychiatric evaluation or a meeting with the school counselor? Yes. Should the principle have been notified and disciplinary action within the school be taken? Probably.
Should the boy be sent to jail for 30 days? No. In my opinion, as disturbed by his writings as I am and in the shadow of recent events, actions do need to be taken but by sending a boy to jail for no direct threat is violation of the first amendment.