A Dakota Ridge High School student who wore a T-shirt with a “Nobama” sticker taped across the front to an appearance by Michelle Obama will receive $4,000 from Jefferson County authorities, the ACLU of Colorado said Wednesday.
The agreement between Blake Benson and the Jefferson County Sheriff’s Office and school district avoided a potential lawsuit, the American Civil Liberties Union said.
Benson was one of three students who chose to “stay and campaign” for Sen. John McCain on Nov. 3, 2008, when Michelle Obama spoke at the Littleton high school.
As other students lined up to enter the gym, Benson stood near the entrance of the school holding a McCain-Palin campaign sign.
According to the ACLU, Dakota Ridge school officials told Benson to leave. When he refused, officials had him handcuffed, searched and arrested for interference — a charge that carries up to six months in jail and a $750 fine.
Benson also was given a one-day suspension by principal Jim Jelinek. In his notice of suspension, Jelinek stated the reason was that “Blake was directed to cease politically protesting on school grounds,” said the ACLU.
ACLU cooperating attorney Dan Recht represented Benson in the criminal case. In May, Jefferson County officials said they would not pursue the criminal charges.
“Jefferson County officials were wrong to censor the peaceful, purely political speech of a high school student just a day before a historic national election,” ACLU staff attorney Taylor Pendergrass said in a statement.
The school district and the Sheriff’s Office agreed to pay $2,000 each to settle claims that Jefferson County violated Benson’s free-speech rights.
The ACLU noted that Jefferson County officials did not admit to wrongdoing.
“If one thing comes from this case, I hope it is that other students will learn more about their free-speech rights and not be afraid to use them,” Benson said in a statement.
Jefferson County sheriff’s spokeswoman Jacki Kelley said an internal-affairs investigation was launched after Benson was cited.
She said the investigation has concluded, but the results will not be revealed because it involves a personnel matter.
However, she said, “lessons were learned from the investigation.”
