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April 28th, 2007

Mr. King…Your Son Steven Is Under Arrest….

Disorderly conduct now means writing something that disturbs other people…

Student writes essay, arrested by police

High school senior Allen Lee sat down with his creative writing class on Monday and penned an essay that so disturbed his teacher, school administrators and police that he was charged with disorderly conduct.

"I understand what happened recently at Virginia Tech," said the teen’s father, Albert Lee, referring to last week’s massacre of 32 students by gunman Seung-Hui Cho. "I understand the situation."

But he added: "I don’t see how somebody can get charged by writing in their homework. The teacher asked them to express themselves, and he followed instructions."

Allen Lee, an 18-year-old straight-A student at Cary-Grove High School, was arrested Tuesday near his home and charged with disorderly conduct for an essay police described as violently disturbing but not directed toward any specific person or location.

The youth’s father said his son was not suspended or expelled but was forced to attend classes elsewhere for now.

Today, Cary-Grove students rallied behind the arrested teen by organizing a petition drive to let him back in their school. They posted on walls quotes from the English teacher in which she had encouraged students to express their emotions through writing.

"I’m not going to lie. I signed the petition," said senior James Gitzinger. "But I can understand where the administration is coming from. I think I would react the same way if I was a teacher."

Cary Police Chief Ron Delelio said the charge was appropriate even though the essay was not published or posted for public viewing.

Disorderly conduct, which carries a penalty of 30 days in jail and a $1,500 fine, is filed for pranks such as pulling a fire alarm or dialing 911. But it can also apply when someone’s writings can disturb an individual, Delelio said.

"The teacher was alarmed and disturbed by the content," he said.

But a civil rights advocate said the teacher’s reaction to an essay shouldn’t make it a crime.

"One of the elements is that some sort of disorder or disruption is created," said Ed Yohnka, a spokesman for the American Civil Liberties Union of Illinois. "When something is done in private—when a paper is handed in to a teacher—there isn’t a disruption."

(emphasis mine) I hear they’re going to pass a new law against Disturbing The Peace Of The People In Charge.  They say the penalties will be severe.

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