Marcum_0One government school district is about to get a lesson in the First Amendment.

Tanya Lardieri is suing the Logan County, W.V. Board of Education over her son’s 2013 arrest for wearing a shirt to school with the National Rifle Association (NRA) logo and a picture of a gun.

Jared Marcum, a 14-year-old student at Logan Middle School, was arrested and charged with obstructing the educational process. He was also charged with obstruction of justice after he refused to turn the shirt inside out.

The shirt bore the words “PROTECT YOUR RIGHT” and a drawing of a typical hunting rifle, which was interpreted as a threat by people paid by the government to teach children.

A judge, who apparently has read the Constitution at some point, dropped all charges.

The school, however, still suspended Marcum.

Marcum was in line for lunch when school officials physically restrained him and brought him to the office.

They demanded he hand over his shirt because they found the NRA logo offensive. Marcum refused, as he is apparently smarter than the government employees who are supposed to teach him.

Schools officials ordered him to be arrested on charges of “obstructing the educational process” and called the police. He was later charged with obstruction of justice for suggesting he had the constitutional right to wear the shirt.

The 14-year-old boy knows more about the law than Logan Middle School officials and the local police. In its 1969 Tinker v. Des Moines Independent Community School District case, the United States Supreme Court ruled that government schools are subject to the First Amendment’s prohibitions on government suppression of speech.

In that case, the Des Moines school district suspended two middle school student for wearing anti-war arm bands.

“It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” wrote Justice Abe Fortas in the majority opinion.

In its Tinker ruling, the Court clarified that in order to ban an item of clothing, a government school “must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.”

Specifically, government schools can ban clothes only if they “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.”

An NRA t-shirt in West Virginia is hardly something so out of place it would be disruptive.

To her credit, Lardieri is only seeking $200,000 in compensatory damages and $250,000 in punitive damages. Logan County officials should be better at filling out a check than they are at filling out an arrest warrant.