School Climate & Safety

Violent Drawing Was a Real Threat, Mass. Court Rules

By Jessica Portner — January 17, 2001 2 min read
  • Save to favorites
  • Print

Massachusetts’ highest court has upheld the conviction of a 12-year-old Worcester student who drew a picture of himself pointing a gun at his teacher.

The state’s Supreme Judicial Court concluded that the student’s doodle “constituted a threat” that was a punishable offense under state law.

Identified in court papers only as Milo M., the student, who is now 14 years old, was suspended from his elementary school in 1998 and was sentenced to more than five years’ probation by a juvenile-court judge in 1999.

The punishments came after his teacher confiscated a drawing that depicted the boy pointing a gun at the teacher’s head as she knelt in prayer and pleaded, “Please don’t kill me.”

In its Jan. 5 opinion, the seven-member high court unanimously rejected the argument by the boy’s lawyers that the student’s artwork was protected by his right to free expression under the First Amendment. The panel further ruled that the teacher was “quite reasonable and justifiable” in interpreting the drawing as a threat, given the number of school shootings that had occurred around the country during that time. Between 1996 and 1999, the court decision said, nine school shootings in the United States claimed a total of 36 lives.

“Judges cannot ignore what everybody else knows: Violence and the threat of violence are present in the public schools, and teachers have a duty to take whatever lawful steps are necessary to assure that the school premises are safe and weapon-free,” the decision said.

Overreaction?

James Caradonio, the superintendent of the 25,000-student Worcester school district, applauded the ruling. He said it supported the district’s argument that students’ threats need to be taken seriously. “I thought this was a very good decision,” Mr. Caradonio said last week. “This reaffirms that there are clear consequences for this young man’s behavior.”

The boy has returned to the Worcester public schools without incident. Still, some free speech advocates are worried about the implications of the ruling. Kathleen Kelly, the lawyer who represented the boy, described the court’s ruling as an overreaction.

“This takes the ‘threatening’ statute further than any other in Massachusetts and opens the door to criminal prosecution in the school when it’s not the most effective way to deal with some of these issues,” Ms. Kelly argued. She added that the decision might spur schools to go to court for minor disciplinary problems that should be handled in school.

Related Tags:

A version of this article appeared in the January 17, 2001 edition of Education Week as Violent Drawing Was a Real Threat, Mass. Court Rules

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety School Shootings in 2024: More Than Last Year, But Fewer Deaths
Education Week recorded the second-highest number of school shootings in 2024 since it started tracking the incidents in 2018.
4 min read
Photo of no gun sign on door.
iStock
School Climate & Safety Opinion 'Get Out of the Building Now': A Teacher Reflects on Violence
A bomb threat brings home to a veteran educator why schools and teachers matter.
Adam Patric Miller
3 min read
Illustration of dark tunnel with figure at end.
francescoch/Getty
School Climate & Safety Teacher and Teen Student Killed in Wisconsin School Shooting
At least six others were injured in what is the 39th school shooting of 2024 in which someone was killed or hurt.
5 min read
Emergency vehicles are parked outside the Abundant Life Christian School in Madison, Wis., where multiple injuries were reported following a shooting, Monday, Dec. 16, 2024.
Emergency vehicles parked outside the Abundant Life Christian School in Madison, Wis., where policy said a teenage student shot and killed a teacher and a classmate and injured several others on Monday, Dec. 16, 2024.
Scott Bauer/AP
School Climate & Safety Opinion Give the Gift of Kindness: How to Create a Culture of Gratitude in Your School
In the season of thanks and celebration, a middle school teacher proposes spreading a little joy through notecards.
Debbie Adkins
4 min read
Hands holding and opened envelope.
Vanessa Solis/Education Week + Getty Images