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Home: Topics: Censorship:
Students forced to remove pro-hemp t-shirt |
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December, 2007 - I am a student at Oak Mountain High School in Shelby County, Alabama. On August 16, 2007, I was forced to remove my shirt because the message contained the word "Hemp." The school has now extended this policy of banning even to the words "Industrial Hemp." My shirts serve as a tool to advocate and educate on the environmental and economic benefits of industrial hemp. I am in the process of appealing to the Board of Education. I am also seeking legal counsel through the ACLU of Alabama and a few other attorneys.
Here is my letter to the Board of Education:
To the members of the Shelby County Board of Education:
I am a proud senior at Oak Mountain High School. On August 16, 2007, I was forced to remove my shirt that read “Widespread Hemp / Don’t Panic, It’s Hemp” and told to never wear it again. After I questioned the reasoning for this ruling, Mr. Vines explained to me that because the shirt promoted hemp, which he stated is associated with marijuana, that it would be promoting a product prohibited by school policy and therefore, unlawful according to Section O. of Dress Code Policy on page 13 of the Shelby County Code of Conduct. Unfortunately, there is a common misconception that hemp is marijuana, although they are two different genetic variants of the species Cannabis Sativa L.; just as a wolf and a Chihuahua are genetic variants of the species Canis Lupus. I will try to make my point brief, although the issue is complex, as I know your time is limited and valuable.
The message on my shirt refers to industrial hemp, not to marijuana. The shirt’s reference to industrial hemp is obvious, not only by the fact that the shirt itself is woven of hemp fiber (the possession of which is entirely legal in the United States of America), but most importantly, because of its message of “Don’t Panic, It’s Hemp” on the back of the shirt. This phrase could be correctly translated as “Don’t Worry, This Shirt Is Made Of Hemp” meaning that the production of the shirt did not harm the environment, for example, by the use of pesticides, as cotton does, but instead the shirt is woven of a material that is recyclable, sustainable, and biodegradable. Because the message on the shirt promotes industrial hemp, a product that is not prohibited by school policy, it cannot be included in Section O. of the Dress Code Policy, and therefore, I believe the wearing of the shirt at my school is entirely lawful.
I strongly support industrial hemp because of its economical and environmental benefits and see my shirt as a tool to educate by engaging discussion on the issue. I cannot understand this attempt to silence such education in the educational facility of Oak Mountain High School. The banning of my shirt is not only a violation of my freedom of speech, including political speech, ensured to me by the First Amendment and affirmed in Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d. 731 (1969), but also unlawful according to page 3 of the Shelby County Code of Conduct which states that students have the right “To form and express viewpoints through speaking and writing in a manner which is not obscene, slanderous, libelous, or disruptive to the educational process.” The political speech printed on my shirt is in no way obscene, slanderous, libelous, or disruptive. Unlike the recent Supreme Court Case of Morse vs. Frederick, which limited student’s freedom of speech, my message does not in any way promote illegal drug use.
I originally appealed Mr. Vines’ ruling to the Administrative Team, who decided to delegate the decisive authority to the Student Services Department. After a month of no response, they finally decided to return the decisive authority to the Administrative Team. The Administrative Team then decided to enforce the previous ruling that prohibits the wearing of any shirt with a written message containing the word “Hemp” on it; they also decided to include the words “Industrial Hemp” in this ban. Although in the beginning of this ordeal my principals believed hemp to be marijuana, they have since recognized the difference, yet state that the shirt should still be banned because the average student could interpret the shirt to refer to marijuana, as they originally did. I do recognize this unfortunate ignorance in our community, but do not find it as reasonable grounds to infringe upon my constitutional rights. This ignorance is the exact reason I so passionately persist in educating individuals on industrial hemp.
I have attached the following documents that I ask you to read to ensure your understanding of the situation: a letter from Mrs. Doyle documenting the policy, my letter to Mr. Vines, an email from Mr. Tom Murphy (the National Outreach Coordinator for Vote Hemp) to Mr. Vines, an article by Dr. David P. West, Hemp and Marijuana: Myths & Realities and a paper by Dr. Shannon L. Datwyler and Dr. George D. Weiblen, Genetic Variation in Hemp and Marijuana (Cannabis sativa L.) According to Amplified Fragment Length Polymorphisms. These documents not only express my personal viewpoints, such as my letter to Mr. Vines, but also present scientific and legal facts on hemp. After giving Mr. Vines the article by Dr. West, he recently expressed to me that he feels he was “ignorant” of the difference between industrial hemp and marijuana; and that he now understands the difference and credits this enlightenment to the article. I hope that if you are not already aware of the difference, the article will do the same for you. If you would like any more information on industrial hemp, please feel free to contact Mr. Murphy or me. I sincerely thank you for your time and hope that you will reinstate my right to express my views on industrial hemp by overturning the previous ruling and allowing to wear my shirt. If not, I will certainly respect your decision, but as I stated in my letter to Mr. Vines, I am morally obligated to challenge and appeal the banning of my shirt until my rights are reinstated.
Sincerely,
Brian Simpson
Cc: Superintendent, Randy Fuller
American Civil Liberties Union
Here is an article I published on the issue in my school paper:
No "Hemp" at Oak Mountain?
Well, that is what the administrative team at our school ruled a few months ago; a ruling that Superintendent Randy Fuller has recently stated to me that he supports. It all started on August 16, 2007 when administrator Brad Hayn stopped me in the hallway concerning my shirt's message, "Widespread Hemp / Don't Panic, It's Hemp." Mr. Hayn expressed to me that "Hemp" was only another name for a drug by the "street name" of marijuana. Although I presented facts that proved otherwise, the administration decided to prohibit the shirt and has enforced the ruling since. After writing a letter and a few meetings, I finally convinced the administrative team that hemp is not marijuana, but instead a distinctively different plant. So wait, why is the shirt still banned? Well, they are afraid that you, the students, might misinterpret the shirt as they once did. They believe this misinterpretation will "generate negative feelings among the student body." Does the word "Hemp" generate negative feelings to you? Were you offended when you read the title of this article? I hope this is not the case; I also hope that you do not hold the common misconception that hemp is marijuana.
In case you are confused, allow me to briefly explain. Hemp, commonly referred to in the business world as industrial hemp (to emphasize the non-drug use), is a variant of the species Cannabis sativa L., along with its genetic cousin marijuana. Because they belong to the same species, some confuse them as one plant; although, one would never refer to a Chihuahua and a wolf as the same animal just because they are both belong to the species Canis lupus. Another reason for the confusion is that hemp contains minute traces of Tetrahydrocannabinol, the psychoactive ingredient in marijuana that induces the "high." These traces THC in industrial hemp are in no way large enough to create even the slightest degree of any intoxicating effect. Industrial hemp contains less than .3% THC, whereas marijuana contains anywhere from 5% to 30%. Industrial hemp can be used for fuel, apparel, textiles, building materials, food, paper, and much more. It requires no pesticides or herbicides, its fiber is recyclable, and its oil is biodegradable. It is certainly relevant in today's "environmentally-friendly" marketplace. And in the search for economically-viable renewable resources, industrial hemp is highly important.
You might be asking, "Why not ask to wear a shirt that specifically refers to industrial hemp to minimize confusion?" I already have and only to receive the same answer. Even a message that specifically refers to the industrial uses of hemp, a message that could in no reasonable way be interpreted as an "illegal substance advertisement" is prohibited at our school.
You might also be asking, "Does this mean I must stop wearing my hemp jewelry?" No, you can actually continue to wear your hemp jewelry, purses, clothes, footwear, and socks. You can also continue using your other hemp products such as your lip balm, lotion, and soap; as long as the products do not openly display the word "Hemp" as my shirt did. Strange, huh? I can go to lunch directly after I wash my hands with my Dr. Bronner's hemp soap in 100% hemp apparel and eat my hemp granola bar with my hemp napkin along side, yet I cannot wear a shirt with a message containing the word "Hemp."
Being patriotic is not just flying the flag or reciting the Pledge of Allegiance, it is believing in the philosophies incorporated in the Constitution by our Founding Fathers, protecting our rights entitled to us by the Constitution, and in doing so, preserving our freedom that our veterans have fought so preciously for. If you are an industrial hemp supporter or simply a freedom-loving American, please join me in my efforts to protect what is left of students' freedom of speech. These shirts are my tools to advocate and educate on the environmental and economical benefits of industrial hemp. The banning of my shirts violates my First Amendment rights along with my right as a student to non-disruptive, political speech that does not impinge upon the rights of others, affirmed in the Supreme Court case Tinker v. Des Moines Independent Community School District. If you are not offended by the word "Hemp" and words "Industrial Hemp" and are aware of the distinct difference between industrial hemp and marijuana, let your administrator know. Most importantly, call, write, or email the Shelby County Board of Education. With your help, we can simultaneously educate our community on the immense benefits of industrial hemp while fighting to reinstate the same rights that we have learned in school about in the Bill of Rights and major Supreme Court cases.
"Make the most of the Indian hemp seed, sow it everywhere." George Washington
For more information on industrial hemp, please visit www.votehemp.com.
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