Pa. student's parents sue over detention for T-shirt

LANCASTER - The family of a middle school student who was given detention for wearing a T-shirt bearing the image of a gun has filed suit in federal court, accusing the school district of violating their son's freedom of speech.

Donald Miller 3d, 14, went to Penn Manor High School in December wearing a T-shirt he said was intended to honor his uncle, an 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 patriotism and free speech.

But school districts in the post-Columbine era must create a safe environment for students, and bringing even the image of a gun to school violates the district's policy, said Penn Manor attorney Kevin French.

"There's a much higher level of sensitivity these days," French said. "But it's based on reality."

Miller's uncle, Brian Souders, shipped out to Iraq in the spring. While stationed at Fort Benning, Ga., he bought the shirt at the base and gave it to Donald, the family said.

"Donald Miller wears the T-shirt to make the political and emotional statement that he supports his uncle and all our armed forces," family attorney Leonard G. Brown 3d wrote in the federal complaint. "Such a viewpoint may not be politically correct in Mr. Miller's classrooms, but his right to express his viewpoint is constitutionally protected."

District Solicitor Robert J. Frankhouser said in a Jan. 8 letter to Brown that the district vowed to "vigorously defend" its policy on guns and the advocating of violence.

Students "may not wear clothing to school that advocates the use of force or urges the violation of law or school regulations," Frankhouser wrote. "The shirt in question contains the image of a firearm and clearly advocates illegal behavior."

A federal judge will hold a conference on the case March 31.