AboutMichael Troy Expertise I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations Former Attorney for Center for Individual Rights.
Publications Washington Post
Washington Times
Education/Credentials J.D. from Univ. of Michigan Law School
Question I have an ongoing issue with the Dean of students at my child's middle school. My child was first categorized as a "Sexual Harrasser" for using the word Lesbian during a conversation with another student. My child is a 13 year old girl. She was suspended and I obviously disagreed with the decision. I went up the chain of command as advised and was shut down by the Dean, The Principal and Assistant Superintendent. I was very angry and argued vehemently with each person. Since this incident my daughter has been harrassed by the Dean repeatedly, and was recently told by the Dean that she (my child) is not allowed to laugh in school because the Dean doesn't like her laugh. Things came to a head when her cell phone was taken away from her by the Dean after my child made a panicked phone call to me from her school bus telling me that the bus driver was driving erratically. I notified the school and was told that my child violated policy by calling for help. I was told to come to the school and retrieve the cell phone. When I went to the front office I stated that I was there to pick up the cell phone from "Satan". I did not say who "Satan" was but the administration knew who I was referring to. No action was taken at that time, however the following day I was visited by the school law enforcement officer who served me with a No Trespass Order from the school. He stated that because I said the word Satan (never linked with anyones name) that I am no longer allowed on campus...ever again. First of all, is this legal? How have these people have gained this much power? What can I do about this blatant violation of my rights?
Thank You
Answer Hello,
Please keep in mind that I cannot provide specific legal information in this forum.
Generally speaking, however, a public school cannot punish students for non-disruptive speech. If you think there has been a violation of your child's rights, you may want to contact your local chapter of the ACLU to have them evaluate the matter for possible litigation.
