School District Says Swastika Protected By "Freedom Of Speech"

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A concerned parent sent us this picture of a van parked at Sioux Falls' Roosevelt High School on Thursday afternoon. The van has a swastika in it's back window.

By Brian Allen KSFY

In ancient times, a swastika was a sign of peace.
In modern times, it symbolizes hate and death.

A concerned parent sent us a picture Thursday afternoon of a van in the parking lot at Sioux Falls' Roosevelt High School; it has a swastika in it's back window.

The school is investigating but the school district says there's little they can do.

They say no matter how offensive a swastika might be, it is protected by the constitutional right to free speech.

Roosevelt was made aware of this vehicle brandished with a swastika Thursday afternoon; administrators immediately tried to find it but couldn't.
Even if they had, school district spokeswoman DeeAnn Konrad says there's nothing they could have done. "We can't prohibit expression solely because we disagree with what is being expressed."

Konrad says displaying a swastika is protected by the U-S Constitution's right to free speech.
If it had been found, it could only have been removed if school officials determined it would interrupt school activity or immediately place someone in danger.
Sioux Falls' Jewish Welfare Fund Chairman Marty Gallanter released a statement which says in part: "Freedom of speech? I question that judgment. It certainly should be a violation of school rules. I don't believe it would be tolerated on a t-shirt worn inside the school, therefore should it be tolerated in the parking lot?"

"For all we know this is a joke or a prank." Sioux Falls' attorney John Hughes says this is a freedom of speech issue, meaning whoever did this would be protected by federal law.
He urges Roosevelt to use this incident as a learning tool. "What an awesome opportunity for a teacher to spend a little time talking about free speech."

And however offensive this is, DeeAnn Konrad with the school district says it's hands are tied because freedom of speech is a federal law, not a school rule. "We're not dealing with school policy here, this is something bigger than the sioux falls school district."

2009 KSFY Action News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Monday, Nov 23 at 8:52 AM schming schmo wrote ...

John petrucci is GOD!

Sunday, Nov 22 at 2:31 PM to whom it may concern wrote ...

The budweiser shirt thing is easy...that is very simply inappropriate! High school kids are underage to consume alcohol, so why tote around a symbol supporting the product? If that is your idea of freedom of speech, then grow up. Im sure our forefathers didn't fight for freedom of speech for something so vain. Their idea for the reason behind freedom of speech was much bigger...not so some kid could wear a shirt supporting alcohol that he isn't supposed to be around to begin with.

Sunday, Nov 22 at 10:42 AM Free Speech Advocate wrote ...

Who is the school trying to kid. They limit free speech all of the time. If a student wore a Budwieser shirt they would have to change it. Is a beer shirt going to cause a problem? Just because a kid wears a shirt does it violate a law? If they wrote put a sign on their car that said the superintendent is stupid, they would no doubt be in some trouble. It seems odd to me that schools can decided when free speech isn't free regardless of the federal law.

Saturday, Nov 21 at 8:13 PM Anonymous wrote ...

I'm going to bet the parents didn't even know it was on their vehicle. the kid probably doesn't even know the true meaning behind it. People need to lighten up. It was probably a joke.

Saturday, Nov 21 at 3:03 PM Anonymous wrote ...

what if i wore a shirt with an united states flag on it ?? That would be horrible since they killed millions of the native americans.

Saturday, Nov 21 at 11:18 AM puzzled wrote ...

This is okay, freedom of speech etc. But the kid who forgot the unloaded shotgun, locked in the trunk is a criminal? Don't get it.

Saturday, Nov 21 at 10:36 AM tom wrote ...

hopefully the kid doesnt come home with a black eye or two.

Saturday, Nov 21 at 9:52 AM wildflower wrote ...

No, it is not OK to send your child to school with a swastika on his/her shirt, in my opinion. I understand that it is a theoretical question, but children follow the examples of their parents. A better action would be to explain how the swastika is the car owner's freedom of expression, but it also stands for the mass murder of hundreds of thousands of innocent people, including children, who never had the chance to know freedom like your child does.

Saturday, Nov 21 at 9:10 AM anon wrote ...

so if i send my child to school wearing a shirt with this on it, it OK???

Saturday, Nov 21 at 2:12 AM Nathan wrote ...

Yes, drawing attention to themselves and think its funny. I'd be careful they dont come back to their van someday and find it vandalized...

Saturday, Nov 21 at 12:29 AM Just me wrote ...

kids screwing around, they probly just think its funny and looks cool, AND gets peoples attention

Friday, Nov 20 at 11:42 PM Steven wrote ...

While I don't agree with it, it is our duty to defend freedom of expression. "Without free speech no search for truth is possible... no discovery of truth is useful... Better a thousandfold abuse of free speech than denial of free speech. The abuse dies in a day, but the denial slays the life of the people, and entombs the hope of the race." - Charles Bradlaugh

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