Teen claims school stifles his anti-illegal immigration speech

By The Associated Press
06.16.06

MIRA LOMA, Calif. — A high school student sued his school district after he was suspended for distributing fliers about an off-campus rally against illegal immigration.

Joshua Denhalter, an 18-year-old senior at Jurupa Valley High School, said he sought permission to hold a demonstration on campus after a school assembly turned into a virtual rally supporting illegal immigrants. School officials denied his request, saying a protest could lead to violence.

Denhalter said he then tried to organize an off-campus rally in March and was suspended for three days for passing out fliers about it on school property. He said he also was told he couldn't wear a T-shirt that featured an image of Uncle Sam and the slogan "Illegal Aliens We Don't Want You!"

The Los Angeles Times reported yesterday that Superior Court Judge Thomas Cahraman refused on June 14 to issue a temporary restraining order against the Jurupa Unified School District. Denhalter was seeking an order requiring the district to allow him to hold his rally and wear his T-shirt.

The newspaper reported that Cahraman said there was not enough time for him to study the case before the end of school next week.

"I am not belittling the arguments being made, I'm very interested in them, but I don't know how I can analyze this by June 21," he was quoted as saying.

Denhalter's lawsuit claims the district violated his free-speech rights and damaged his reputation. It asks for $25,000, an apology from the district, his suspension to be erased, and for the district to acknowledge it was wrong.

In a statement, the school district denied Denhalter's allegations, saying a campus forum was arranged at which all students could express their views on illegal immigration. The statement said students don't have an absolute right to free speech "when such speech incites students to break rules or substantially disrupt school operations."

Denhalter's attorney, Timothy Liebaert, told the Los Angeles Times that the June 14 ruling would not affect the rest of the lawsuit. "The case is going forward," he said.