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Published: July 29, 2010
“Inappropriate subject matter”
Jury to determine whether school officials violated sixth grader’s rights by forcing her to remove pro-life T-shirt
A federal jury will decide whether the rights of a former sixth grader at McSwain Union Elementary School in Merced were violated when school officials forced her to remove a pro-life T-shirt depicting the development of an unborn child in the womb.
 Judge Oliver W. Wanger of the U.S. District Court for the Eastern District in Fresno set Aug. 31 as the trial date in the case of the student, identified in court documents as “T.A.” The girl’s mother, Anna Amador, filed the lawsuit following a 2008 incident in which “T.A.” was forced to remove the shirt on the grounds that it violated the school’s dress code. The suit alleges the child’s First Amendment rights were violated by the school.
The front side of the shirt featured the word “abortion” in capital letters, with three squares below it with sonographic images of a child developing in the womb. The first two squares showed a developing baby, the third was black. Underneath the boxes were the words, Growing, growing… gone.” The back side of the shirt bore the words: “American Life League’s Sixth Annual NATIONAL PRO-LIFE T-SHIRT DAY April 29, 2008 www.ALL.org.”
"Before Plaintiff could eat she was ordered by a school staff member to throw her food out and report immediately to Defendant Smith's office, located in the main office of McSwain Elementary School," the lawsuit alleges. "Upon arriving at the main office, Defendant Hernandez, intentionally and without Plaintiff's consent, grabbed Plaintiff's arm and forcibly escorted her toward Smith's office, at all times maintaining a vice-like grip on Plaintiff's arm. Hernandez only released Plaintiff's arm after physically locating her in front of Smith and Defendant Rohrer... Smith and Rohrer ordered Plaintiff to remove her pro-life T-shirt and instructed Plaintiff to never wear her pro-life T-shirt at McSwain Elementary School ever again.”
The suit further alleges the child was “humiliated and held out for ridicule,” and that school officials forced her to remove “her pro-life T-shirt, whereupon, Defendants seized and confiscated it. Defendants did not return Plaintiff's property until the end of the school day."
In addition, says the suit, “T.A.’s” due process rights were violated, she was subjected to an unreasonable seizure of her property and, by grabbing her arm, the school employee committed battery.
School officials say the pro-life T-shirt violated existing dress codes at the school, which provided, “Personal articles, clothing, or manner of dress shall make no suggestion of tobacco, drug, or alcohol use, sexual promiscuity, profanity, vulgarity, or other inappropriate subject matter.”
The girl’s T-shirt, said school officials, violated the “inappropriate subject matter” rule, and was likely to cause disruption among other students. The school district denies all the other allegations.
Judge Wanger rejected a motion asking him to find in favor of the student before trial. The judge said there were factual questions on both sides of the issue that warranted a jury trial.
In the meantime, McSwain Elementary School has revised its dress code. The new code, which takes effect at the beginning of the 2010-2011 school year, prohibits students from wearing any clothing with graphics or text, except for small logos and school athletic uniforms.
Posted Thursday, July 29, 2010 12:33 AM By JLS
A. It was not the tee shirt that was inappropriate, but the staff involved are inappropriate for their role as human beings, and should be aborted from any further work with children. B. They should have called in the swat team with helicopters to protect everyone from the tee shirt. C. The staff there should be investigated for homosexual activities.
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Posted Thursday, July 29, 2010 4:00 AM By Ron
I am suprised they did not just steal the t-shirt, hand the young lady a condom and birth control pill ,have her write the communist manifesto 100 times on the chalk board, swear allegiance to Mao ,and send her on her way.
God Bless
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Posted Thursday, July 29, 2010 5:08 AM By ted
Rules are not made to be broken in schools. They need to be carefully considered before adoption and enforcement though. This one was too vague by a mile. Any authority at the school could have used the "inappropriate subject matter" clause to force the girl to remove it. They abused their power, as school officials so often do. The new rule is more sane, but I'm hoping this girl and her parents win in court, just because people with authority should NOT have it if they have poor judgment - as the "authorities" at this school prove.
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Posted Thursday, July 29, 2010 5:53 AM By Dana
What is so very sad to me is that an eleven year old child lives in an age where she even knows the word abortion, let alone has it posted on her tee shirt. Poor little ones...their childhood stolen from them. I never even knew what abortion was until I was married. I was in the Peace Corps before I ever heard of drugs. Now our gov't forces our children to learn all about that garbage and even punishes them if they do not want to be indoctrinated. Jesus said in Mathew..."But if anyone causes one of these little ones who believe in me to sin, it would be better for him to have a large millstone hung around his neck and to be drowned in the depths of the sea. Woe to the world because of the things that cause people to sin. Such things must come, but woe to the man through whom they come."
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Posted Thursday, July 29, 2010 6:04 AM By AuntPolly
Yep that's inappropriate. It's called an "Abortion" T-shirt with graphics. The pictures are very suggestive. Good for Judge Wanger.
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Posted Thursday, July 29, 2010 7:23 AM By Tim
What country was this done in?
I'd never move my family there...unless I plan to do battle.
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Posted Thursday, July 29, 2010 7:39 AM By Maria T
It is some thought to ponder that we now live in a world where asserting the right to live is considered inappropriate and grouped with "drugs, tobacco, alcohol, sexual promiscuity, profanity, vulgarity, and other inappropriate subject matter"
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Posted Thursday, July 29, 2010 7:51 AM By Maryanne Leonard
It's okay to kill little babies, but it's not ok to point out that it makes babies disappear. Forever. Politically incorrect? Or offensive to those who wish to hide from the truth that abortion is death for the baby involved.
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Posted Thursday, July 29, 2010 7:57 AM By tom byrne
So these cowards changed the rules after getting caught, eh? Not that the new rules aren't sensible in their own right. Sixth graders belong in a school uniform. But where public schools allow "shirt freedoms" how dare they restrict them only to PC views!
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Posted Thursday, July 29, 2010 8:31 AM By Abeca Christian
What is so graphic about it? Nothing. It just says "growing, growing, gone". Gee whiz! Oh So Milk Harvey day is OK but this harmless T-shirt explaining in simple terms what abortion is all about, is graphic? How about the sex education that 5th and 6th graders are taking called as "health ed"? Oh well, better we not allow any t-shirts with graphics than allow other real inappropriate stuff. Lets get rid of Obama T-shirts. That to me is graphic and inappropriately offensive, I didn't vote for him so please children don't wear that. Don't wear global warming T-shirts or a T-shirt depicting animal cruelty either! Don't wear "beavous and butthead" t-shirts because they can get graphic! You want to take away our pro-life education especially a simple one such as this nice educational t-shirt then get rid of the other stuff that is normally acceptable! This t-shirt is great during your so called "health Education", because it explains what choices you may find yourself in if you have sex outside of marriage! Especially if your parents are liberal and see nothing wrong with pushing you to have an abortion because you had unprotected sex. Come on people, get real here and let the girl wear her t-shirt!
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Posted Thursday, July 29, 2010 8:43 AM By Becie
I wonder if they have a pro-homosexual day, or celebrate Harvey Milk Day...
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Posted Thursday, July 29, 2010 8:48 AM By Guy
Way to go "T.A."! We are pulling for you to win the law suit.
If the jury has any guts they will rule in your favor.
Enough already!
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Posted Thursday, July 29, 2010 11:03 AM By St. Christopher
A difficult case, due to the graphic pictures. Certainly a "pro-life" t-shirt would likely be protected, but something like this is doubtful. Good work filing the suit, however, in that school officials will be highly embarrassed and careers threatened.
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Posted Thursday, July 29, 2010 11:36 AM By BJ
The reality of killing babies has to be uncovered.
The T shirt simply tells a gruesome truth.
Had Auswitz been seen as it was happening it might not have
lasted as long as it did.
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Posted Thursday, July 29, 2010 11:39 AM By Gregorian
Silly, silly reaction by the school. Still, I think elementary school is not the place for the abortion discussion, or any other politically charged issue. The kids are incapable of understanding it, and some might be horrified to learn that such a thing as abortion exists. A first grader ought not to endure that. Reading, writing, and 'rithmetic, please. And uniforms.
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Posted Thursday, July 29, 2010 1:05 PM By Elizabeth
I assume everyone has seen much more
inappropriate tee shirts worn by young people these days.
And like Father Pavone says, until America
sees what abortion looks like, American will not change.
And perhaps these young people seeing these images will make them think twice before they engage in premarital sex!!!
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Posted Thursday, July 29, 2010 1:31 PM By Abeca Christian
AuntPolly your post was very suggestive too, very inappropriate. Gregorian the way things are in today's society, the way education has gone down the tubes, God is taken out of our schools, well then this t-shirt was very appropriate if you ask me. I vote for it, it was not graphic, is just said Abortion growing, growing Gone. That is all, even has a picture of a developing baby. Not a dead one, but a growing one, the ones they show during their sex education classes for elementary. Nothing wrong! I disagree with you. My kids knew what abortion was when they were 5 years old. They are a lot smarter than you think. Better that they know what abortion is than what fornication is, better to know what abortion does, the T-shirt presented it in an elementary level if you ask me.
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Posted Thursday, July 29, 2010 1:38 PM By Abeca Christian
This school also intimated this young lady into being afraid to defend life in her own way. It is obvious that it meant something to her because she wore it to school. No one forced her to wear it. She is my hero, she is an angel. GOD BLESS HER! Parents keep going, fight it all the way, don't let these school officials to take away our values. They impose their values, they allow an abortion to be performed on a child without parental consent! Some schools permit a child to be taken out from school to get an abortion and the parents never knew the school allowed it and covered it up by not notifying the parents! See people why it is important to speak up! It is important!
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Posted Thursday, July 29, 2010 1:58 PM By 1abqdad
Sadly, it is the SCHOOLS themselves that brought the homosexual and abortion debate to elementary school!!! They opened this can of worms! The REAL issue is NOT that the shirt was "inappropriate", but that it DISAGREED with their LIBERAL position!!! A t-shirt becomes "inappropriate" when it disagrees with them!!! So much for "free speech"...
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Posted Thursday, July 29, 2010 1:59 PM By Wm. Hamilton
What's with Aunt Polly? Why is abortion tabu in our public schools. Sort of like the Nazis hiding the Holocaust from the German people. Telling the truth is ALWAYS appropriate. Poor little girl. Hope she wins in court.
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Posted Thursday, July 29, 2010 2:46 PM By Kenneth M. Fisher
This was about a young girl excercising her God given freedom to wear a pro-life T-shirt at a so called Public School, not about homosexual issues. Agreed the schools are pushing that as well; however why cloud this issue with another?
God bless, yours in Thier Hearts,
Kenneth M. Fisher
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Posted Thursday, July 29, 2010 9:08 PM By Abeca Christian
Bravo 1abqdad, you are right on!
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Posted Friday, July 30, 2010 9:19 AM By Mary
Where can I get that t-shirt? I would like the same one.
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Posted Friday, July 30, 2010 9:40 AM By JLS
That same tee shirt might be available from that school, or from the evidence locker at the local police station.
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Posted Friday, July 30, 2010 10:00 AM By Abeca Christian
LOL JLS or the local police station crew may be wearing them too. You just never know, all this publicity this T-shirt got, may have gotten it some popularity and many may start to wear it. It will be the new "IN" style. This school's overreaction to this t-shirt may have actually gotten the attention of many thus making the T-shirt more popular, so their reaction just back fired on them. LOL Mary I want one too!
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Posted Friday, July 30, 2010 3:17 PM By JonJ
I just think its sad that various social groups feel the need to indoctrinate kids to participate in social arguments that they don't understand. That especially goes for the gay indoctrination crowd that tries to sexualize children because they want to head off gay prejudice. However, I would not let my 6th grade child go to school in such a shirt; simply because it would likely embroil her in arguments I wouldn't want her getting into. Obviously, we need to teach our children our views at younger and younger ages, lest the only instruction they get is from sources we consider inappropriate. That doesn't mean we need to encourage them to engage in social combat before they are ready.
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Posted Friday, July 30, 2010 4:31 PM By TotaTua
@St. Christopher - what graphic pictures? Sonograms are not graphic? It wasn't a shirt of aborted babies.
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Posted Friday, July 30, 2010 7:31 PM By Jasmine
If I could afford 1,000 of those shirts and throw them out over head starts and K-12 schools from a plane, I would.
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Posted Friday, July 30, 2010 8:20 PM By Abeca Christian
JonJ interesting point of view. We can't compare the indoctrination of the gay agenda with the defense of human lives regarding abortion issues.
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Posted Friday, July 30, 2010 11:03 PM By JLS
When I was a kid, we formed up little posse groups for various purposes including self defense. Why do I keep reading that some kids are like not in any kind of social group and sort of are disconnected with other kids?
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Posted Saturday, July 31, 2010 11:03 AM By JonJ
Abeca, to me, that comparision isn't about the moral value of the respective causes; its the unpreparedness of the children. I don't want 11 year olds engaging in heated (and somewhat sexualized) social debates. Sometimes, I think adults end up making our kids our proxies in these kind of controversies, BECAUSE ITS SOCIALLY INCONVENIENT FOR US TO DO THEM OURSELVES. For example, how many of us would wear a T shirt like that to work? Most of us would not, simply because our managers would rightly object. Picking social battles at work is going to distract the staff from doing their jobs. So, instead, we send our children to school to fight our social battles for us, and our kids end up fighting our battles by proxy with the views of oher parents. Obviously, we need to speak out, or we end up acquiecing with evil by silence. But, I don't think we should send our children to do battle for us, because we end up participiating in the too youthful sexualization of our children in our desire to do good.
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Posted Saturday, July 31, 2010 5:23 PM By bettybbret
When I was in high school I joined with another friend to stay out of school on Holy Thursday which was a regular school day. We argued that we were not playing hookey but exercising our right to observe a religious holiday. Our home room teacher had a little talk with us after school and told us that she too was Catholic but asked us please not to make an issue out of Holy Thursday so we didn't because we liked her and she was nice to us. I really think like some of the others on this theme that shirts like that should only be worn in front of adults, not other kids who are a little too young. At least that's what I think.
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Posted Saturday, July 31, 2010 8:54 PM By JLS
What would the unborn babies think about young kids wearing such tshirts? What would the mothers at risk of abortion think about seeing such shirts? Is it worth even one save? Are kids being raised in fantasylands?
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Posted Sunday, August 01, 2010 1:45 AM By WOODY GUIDRY
ALL ISSUES pale in comparison to the value of life-we can name a million things that people do or will do to protect their lives. LIFE is being lived by ALL of us right this moment; at THIS MOMENT there is no better time to let our kids know that hell in their lives is just around the next school corridor--or the playground or in the classroom where kids have always known that lots of "stuff" is bandied about amongst themselves without the staff being aware or even concerned about it (Now, THAT'S DANGER). These controversies are the trademark of a nation (-a world!) at war with conflicting ideas which try to overcome the others. Kids need to believe that the suffering they endure from conflicting origins can come only in a nation which is FREE to conflict! But this freedom is also a DANGER to life when OUR CHOICES ARE TO STAND, FIGHT, OR CUT AND RUN. If we RUN, we will have to FIGHT at a later date. THERE IS NO ESCAPE. PEACE CAN WALK STRONG ONLY.
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Posted Sunday, August 01, 2010 5:31 AM By Mark from PA
I think the issue here is how the girl was mistreated and manhandled by the school staff. This is what was wrong. The parents sent the girl to school wearing a tshirt that said "Abortion" on it. The school should have called the parents and told them to bring another shirt for her to wear, one that complied with the dress code. Some here think it was good for the girl to wear this shirt but if you support children wearing tshirts with messages that you approve of, do you also support children wearing tshirts with messages that you disapprove of? What if a student wore a shirt that said "Planned Parenthood" on it or "Legalize Marijuana"? Who gets to decide? Our local public schools have uniforms and I think this is a good thing.
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Posted Sunday, August 01, 2010 10:49 AM By RR
Mark from PA: Believe it or not, I think I have to agree with your post today @ 5:31 A.M. The sad thing, though, is that the school probably wouldn't have done anything if a student came to school with a "Planned Parenthood" t-shirt on. I wouldn't have a problem with this young girl wearing this shirt to any store or public place outside of school. People need to see the horrors of abortion. I just don't think wearing it to school where there is a dress code is right. I agree also that schools should have a uniform. That way there are less issues for everyone involved in the school.
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Posted Sunday, August 01, 2010 10:58 AM By Mark from PA
When I was younger I had a shirt that said "Pro-Life" on it. I think I even wore this shirt to Mass on occasion. However, I would not wear a shirt with the word "abortion" on it to Mass.
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Posted Sunday, August 01, 2010 1:50 PM By RR
Mark from PA: I suppose that I should have said that wearing this t-shirt isn't appropriate for Mass either. Quite frankly, I don't think this shirt nor your pro-life t-shirt should have been worn to Mass. Proper attire for Mass should be dress clothes, not a t-shirt. Mass is not a picnic.
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Posted Sunday, August 01, 2010 3:39 PM By Mark from PA
I usually wear dress shirts to Mass but I think I wore the pro-life shirt several years when I volunteered at our annual parish festival. I usually work 2 full days at our festival but always take out time for Mass on Sunday.
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Posted Monday, August 02, 2010 8:35 AM By Abeca Christian
JonJ what you posted makes sense. I do wear my pro-life t-shirt to almost anywhere but you are right if I was in the work force I probably wouldn't unless they had free day casual wear Fridays but who knows. I mostly wear my apologetic t-shirt to evangelize the faith. I guess I am just going by what the t-shirt displayed and it was harmless. Kids already wear t-shirts promoting vulgar cartoon characters (The Simpsons, King of the hill, South park and that seems to be allowable etc etc), so if you ask me these t-shirts are more offensive than your simple T-shirt showing a baby growing and growing then you see a blackout depicting that abortion makes the baby disappear. That is harmless and a gentle way to show the reality of what abortion is without being graphic. That is where my point of view came from. A child speaking up for another child, in which the case is an unborn child, nothing controversial in that and that is not sexual, it is about another human life. Sometimes I think that political correctness has molded us and has re-defined common sense to be not so common sense. But I still get what you are saying. Something to ponder at. Thanks JonJ for replying. God bless
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Posted Monday, August 02, 2010 11:46 PM By Anne T.
I have no problem with a student wearing a pro-life bracelet with a picture of an unborn child on it, but I think tee shirts like this of any kind are disruptive to a classroom. There are other ways of showing one is pro-life in the classroom environment. These tee shirts can be worn other places, though. Nevertheless, the schools are pushing homosexual icons, which they should not be doing either.
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Posted Tuesday, August 03, 2010 11:13 AM By JLS
I see it the way Woody describes it. This was reinforced the other night by a TV movie, The Alamo with a host of stars from the mid XXth century, who playacted the characters who held the line in an historic battle thus providing precious time for the rising voice of freedom to reach its hallowed pitch and put down the rule of tyranny.
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Posted Tuesday, August 03, 2010 1:01 PM By Anne T.
I have worn a pro-life tee shirt to Mass at a Catholic Church that gets involved in life chains when I am going to or from a life chain. The pastor welcomes such. I would not, though, wear one to most Masses.
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Posted Friday, August 06, 2010 2:19 PM By Kenneth M. Fisher
I just spent a wonderful 3 days demonstrating against the deceitful ambigouous positions taken by the KofC "leadeship" in D.C. when it comes to pro-abortion, pro-active homosexual public figures who are members, with a couple who have retired to devote their entire lives to the be Missionaries to the Unborn.
They had their two very well behaved young children with them, and those two very young homeschooled children were a joy to be with. They knew what is going on, and they were absolutely part of the "Church Militant".
When I went to Grammar School and High School,
NO T-Shirts were allowed, no thanks to the Anti Christ Legal Unit (ACLU) that has changed.
God bless, yours in Their Hearts,
Kenneth M. Fisher
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