Historical Newspapers of South Carolina

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Students can sue over right to display Dixie flag, court rules jl. m By Lori Horvitz College Press Exchange DELTONA, Fla. - A former Pine Ridge High School student who said school officials violated his right to display the Confederate flag will be allowed to sue them under a new federal appeals court ruling. Three judges of the 11th Circuit Court of Appeals in Atlanta ruled this week that Wayne Denno’s complaints are strong enough to bring the case to trial. School boards across Florida are watching the case carefully. “It’s a significant decision because it could provide guidance to school ad ministrators and school boards about the areas of the law we deal with every day — student discipline and free speech,” said Ned Julian of the Semi nole County School Board. In 1996, Denno and his mother, Lin da, sued the Volusia County School Board and two assistant principals at Pine Ridge in U.S. District Court in Or lando, claiming the teen-ager’s free speech rights were trampled. ’ Denno, who was a sophomore at the time, was suspended for nine days in December 1995 after he refused to put away a 4-inch rebel flag that he showed to his friends in the high school court yard in Deltona. District officials have said they didn’t punish Denno for displaying the flag. They said he was disciplined for inciting students by parading the flag during lunch, dis obeying administrators and causing a disruption. Denno contended he never caused a disruption but was quietly discussing his interest in the Civil War. He also said he had a right to display the flag, describing it as a symbol of Southern heritage. U.S. District Judge Anne Conway ended up siding with the district, toss ing the case out of court in May. The complaints against the assis tant principals, Dennis Roberts and Robert Wallace, had been dismissed previously. The judge decided the ad ministrators could not be held liable be cause they are protected in their roles as government officials. The Dennos appealed in early May. This week, the federal appeals court agreed with the decision to drop all claims against the school board, but the ruling didn’t end the legal battle. The judges voted 2-1 to let the case against the assistant principals con tinue. There are laws that give govern ment employees protection from some suits. However, previous court rul ings also have found that employees can be held responsible when consti tutional violations have occurred. Rich Kizma, the school district’s chief counsel, said school officials will defend the principals’ actions. “We will continue to support these assistant prin cipals,” he said. Board members next must decide whether to ask for another hearing be fore the federal appeals court or to let the case go back to the lower court for trial. If the suit goes before a jury, school district attorneys will have to prove that the student having the flag “did pre sent a real potential, rather than a the oretical possibility, for disruption,” Ju lian said. Denno could not be reached for com ment this past Wednesday. Tuition increase to fund academic improvements TRUSTEES continued from page 1 uate and graduate tuition will increase by 5 percent. “Thanks to careful investments year after year, we have again been able to improve our academic program and hold down tuition,” USC President John Palms said. “With this budget, we are investing 93 percent of all new money in educational and facilities improve ments.” A 4 percent tuition increase is planned for all attending the USC School of Law. A 5 percent increase is planned for in-state students attend ing USC’s School of Medicine; non-res ident medical students will see a 10 per cent increase. The increase at USC-Columbia will help pay for academic and facilities im provements. State funding accounts for about 40 percent of the university’s budget. “It’s an unfortunate state of affairs when a state legislature under-funds the largest school in the state, and the one with the most potential to be come a prominent research institution,’’ said law student David Manley. “It shows a clear lack of foresight on its part in fostering the long term im provement of USC and its national rep utation.” Greg Farley The Gamecock Jim Riley gets relief from the heat by jumping off the rocks into the Saluda River at Rlverbanks Zoo. __ — ■ - 1 .. .Ill I ■ — ... I “C^amccock Garnet & Black Newspaper Magazine All Majors Encouraged to Apply! 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