Buffalo, NY (WBEN) The controversy over Grand Island sophomore Shane Kinney's NRA t-shirt has some people wondering if Kinney's parents have a federal case. One attorney well versed in the First Amendment says yes.
"I think that's totally protected speech," says Paul Cambria, who says the shirt pictured does not incite violent action. "Simply reciting a political opinion the Second Amendment protects the right to possess arms and showing the arms is the essence of political speech and is protected even in a school environment."
For those wondering about insubordnation by Kinney for refusing to turn the shirt inside out as ordered by administrators, Cambria says that does not apply. "You cannot be insubordinate when the request is unlawful," explains Cambria. He also wonders if other shirts with guns depicted, like a Roy Rogers shirt, would also be outlawed.
Cambria says his parents could sue, but would likely have trouble proving damages. "They would be entitled to legal fees if they prevailed, but they could certainly get an injunction preventing interference with a young person expressing his view of the Second Amendment," believes Cambria.