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Lawyer Says Students Have 2nd Amendment Right to Fight Back

January 29, 2012

Schools should add self-defense courses at every level to allow kids to build confidence and maintain a sense of personal control over their own safety. I learned how to box at the local Boy’s Club when I was in 7th grade and kept with the sport right through college.

In my bully-infested elementary school, my parents told me to fight back whenever the odds weren’t totally against me. Younger kids have less to lose except bruises when they learn how to fight with other young kids. Once you establish that you won’t be picked on with impunity, the aggressive kids will find you a less tempting target. Those who shy away from standing up for themselves suffer lifelong handicaps and sense of inadequacy.

Martial arts and shooting sports should begin as early as possible in any school curriculum, though not necessarily in neighborhoods where crime and lack of parenting means that children have little moral compass. In the article “Self-Defense in Schools,” martial arts instructor and lawyer Sake White warns “I would sue the school if my kid protected him or herself and was disciplined for it,” then advises:

Start by asking a question: “Is it constitutional for a public school to deny a student the right to self-defense by enacting a zero-tolerance policy for the use of violence in the student code of conduct?”

Say, “We can answer this question by determing if we have a fundamental right to defend ourselves.”

You should mention our right to self-defense under the 2nd Amendment. Our right to self-defense as a nation to retaliate against terrorists who would attack us

You should mention our right to personal autonomy that goes hand in hand with self-defense. Your right to self-autonomy permits a 16 year-old to seek an abortion without parental consent in most states.

You should mention that a public education system is subject to the 14th Amendment to the US Constitution, which guarantees certain unalienable rights.

You should mention that a public education imparts on you a sense of what it means to be an American and what it means to have rights

Finally, you should declare that the right of self-defense is fundamental and that the zero tolerance policy is therefore not only unconstitutional, but a breach in the schools duty to teach us what it means to be an American with unalienable rights. Do we have a fundamental right to defend ourselves? Yes. Is the school’s policy constitutional? No.

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