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ACLU Says Amador Valley High Violating Free Speech Over Yearbook Photo Ban

The school administration says the photo violates school policy.

Amador Valley High senior Kenton Koos' graduation picture will not be appearing in the Amador Valley High School yearbook.

According to an article in the Contra Costa Times, Koos decided to deviate from the standard yearbook photo and sport a temporary tribal tattoo and nose ring for his photo.


Although it was meant to be funny,  school administrators decided to nix the picture.

The article says that ACLU attorney Linda Lye calls the ban a "blatant violation" of a provision in the state's Education Code which protects freedom of speech in school publications.

According to the Amador Valley Sports website, Koos is a lacrosse player.

What do you think about the decision to not run that photo in the yearbook? Tell us in the comments section below.

Judy November 30, 2012 at 05:47 pm
He's the one in future years that will have to look at that photo and wonder why he did such a foolish thing--or why his parents allowed him to.
The Rabbit! November 30, 2012 at 05:49 pm
@Mike....good point. However, I believe his original intent was to have fun with the photo. When he was denied the opportunity to do so, he elected to stand up for himself. It started as a "safe" Senior moment meant for self-expression (for humorous purposes, or otherwise), but quickly became an argument from both sides. I don't believe he intended to "mock authority," in as much as he meant to stand by his right to have his photo they way he wanted it. It didn't start out as a challenge...it started out as a joke he was willing to live with. He learned a valuable lesson in standing up for himself. I agree that young adults are going to "test boundaries"....that is their job.....he really has chosen a safe boundary to test hasnt' he .... and, in the process, has learned that he has a voice ......
The Rabbit! November 30, 2012 at 06:06 pm
You're assuming he'll think it's "foolish" in the future...maybe not...who's to say what the future holds....you're also assuming his parents "allowed" him to...take note, the article says he is "18"....therefore, he is an adult fully capable of making his own decisions and living with them.....what makes you think his parents didn't exercise their voice?
Mike from Pleasanton November 30, 2012 at 06:23 pm
@Rabbit - Again, it did in fact start out as a challenge...
"I just wanted to test their boundaries" - Kenton Koos. His words, not mine. Otherwise, yes, we're mostly arguing the same side of the coin on this one. And I do agree, he absolutely does NOT have to conform if he doesn't want to - that's his choice entirely - and it will continue to be (within legal limits) for the rest of his life. In this case, the school's choice was to not publish the photo in their yearbook, which we should also support as their right based on the school's judgement of 'inappropriate' and fact that Kenton does not normally appear that way.
Lisa Duluth November 30, 2012 at 06:33 pm
@ Mike, I agree no harm done. Unless, as stated above, this becomes a legal battle and time and money are channeled into it. Then, there is a cost for this 'prank'.
Mike from Pleasanton November 30, 2012 at 06:56 pm
@Lisa - Absolutely. My "No harm done" comment was in part to point out that the ACLU has no business here whatsoever. If this does go to court we'll have no choice but to stand by and watch some of our tax money - not to mention the painstakingly captured gains from donations and volunteer time at school fundraisers - get redirected to cover the cost of lawyers and the legal system.
NotAProphet November 30, 2012 at 07:19 pm
Yeah! Anyone who doesn't think exactly as I do is sooooo un-American, damned terrorists!
NotAProphet November 30, 2012 at 07:34 pm
So 'religious freedom' for you is to have special privilege given to your chosen religion it seems! How would you feel about your public buildings displaying Eid and Ramadan messages?
Curse the evil ACLU and their damned adherence to the Constitution!
NotAProphet November 30, 2012 at 07:36 pm
"Slippery slope!" "Thin end of the wedge!" Rhubarb rhubarb rhubarb.
The Rabbit! November 30, 2012 at 10:42 pm
@Mike - Again, Kenton's response "I just wanted to test their boundaries" occurs after the School Officials rejected the photo (paragraphs 1, 2, 3 and 4)...therefore, it's a reactive stance..."I didn't think it was a big deal. It was meant to be funny" and "I was pretty shocked I thought I was able to express myself freely. I just want to get my picture in the yearbook" .... his statements clearly indicate his initial stance was to take a funny photo as his Senior memento....Please also note that he consulted school personnel prior to taking the photo (paragraph 12)...this action hardly indicates a "mockery" but, in fact, would imply his attempt to seek insight and approval and, getting that, proceeding with the photo....
Also, not sure who defines "When a student can't make the right decision..." Clearly, he simply exercised his right to free speech and utilized available resources in doing so. If anything, he is creative and solution oriented. Finally, re the ACLU....Certainly most people can agree that the ACLU has accomplished wonderful things....whether or not this is worth their time is another question. Please note there is no mention of a retainer or of their taking this case on. Despite that, even Kenton says "he's not considering taking legal action"....so the entire issue surrounding the ACLU is rather mute....unless, of course, the picture changes (pun intended)
Dan December 1, 2012 at 01:21 am
Since most reunions use the senior photos as name tags......use the photo...
Beth L December 1, 2012 at 03:37 am
"I just wanted to test their boundaries," said Koos, 18. "I didn't think it was a big deal; it was meant to be funny."
I guess he found their boundaries. Test successful!! Live with the consequences.
Mike from Pleasanton December 1, 2012 at 04:59 am
Good points all around, Rabbit. I still side with the general consensus here, which seems to be that this is just a student who tested the boundaries, and they were shown to him. Nothing nasty going on from either side, and no harm done (so far). Case closed, I certainly hope.
Loyal Livermore Mom December 1, 2012 at 04:39 pm
ACLU needs to butt out of everything.
Loyal Livermore Mom December 1, 2012 at 04:41 pm
The school has every right to prohibit the picture. You attend their school, you follow their rules. Oh - but that's right......some kids are not being taught by their parents to follow rules anymore! Sad truth.
Kenton Koos December 1, 2012 at 06:38 pm
This is Kenton Koos, if you have a problem with my photo you can talk to me about it. Also please keep the negative comments coming, im having a blast reading them.
K December 1, 2012 at 08:36 pm
Only in Pleasanton is this a big deal....image is everything ;-) what a waste of resources on the school districts behalf-they need to get over it and realize it's a trivial matter! So what if more students do it next year--god forbid less parents shell out $150 for a yearbook.
Mike from Pleasanton December 1, 2012 at 10:33 pm
KK - This is not about you (well for most of us it's not), it's about your test of the system and the school's response. It's an interesting discussion with lots of good points being made among the spattering of brainless under-informed criticisms and judgements. For most of us the main concern is that this would cost the school district money, which thankfully seems not to be the case. From there, this 'what's appropriate and what's not' type of story is always good for at least a mildly interesting philosophical exchange. As an Amador graduate myself, the story has a good hometown element as well.
Best of luck to you next year and beyond.
Marty December 2, 2012 at 11:45 am
Do not spend taxpayer money on this. If this does not violate a real clear school rule, use his picture. This too will pass. When he interviews for an important job someday, he might be sorry the pic and the ACLU stuff is part of his past.
Bob Shelar December 2, 2012 at 03:36 pm
HIS photo, HIS yearbook. The district needs to find something else to worry about. And don't tell me "rules are rules". If this kid is 18 already, he has all the legal and civil rights of any American, high school or not. You want to know what's wrong with this country? People who attack the ACLU. I teach my kids to be informed and to know and protect their rights as Americans. That's what makes us different from Iraq, Iran, China, and so on. In case their rights are ever challenged, it's nice to know that the ACLU is there! "BECAUSE FREEDOM CAN'T PROTECT ITSELF"
Bob Shelar December 2, 2012 at 03:45 pm
Good for you Kenton. And using your real name! Persons hiding behind a "handle" on a public forum should be ignored. They could be anyone from anywhere. Who cares!
Voter with an ID December 3, 2012 at 01:07 am
You want to know what's wrong with bob, he defends the self righteous ACLU who spends more time and money defending convicted criminals than innocent citizens. The ACLU is there only for those low life's that are trying to circumvent established law. Where are they when religious bigots and liberals are undermining anything having to do with morality and decency?
Bob Shelar December 3, 2012 at 03:38 pm
It seems obvious that this "Voter" person has a typical conservative agenda based on ignorance and misinformation and he/she wants to vier off onto some religious tirade. A perfect example of a person to be ignored. My kids have a high sense of morality and fairness for EVERYONE and are very involved in community activities. They actually prefer reality over religion. Thank God!
Bob Shelar December 3, 2012 at 04:01 pm
Kudos to Kenton and the entire Koos family.
It would seem that the district finally got their legal act together. Thanks once again to the ACLU and their defense of the U.S. constitution!!!
Eileen December 3, 2012 at 06:18 pm
Such a shame. It's making a joke out of something that is important to most kids and that the yearbook kids spend so much time and energy on.
Shannon December 7, 2012 at 03:49 am
Well said Mike!
Shannon December 7, 2012 at 03:57 am
Ha Ha! Good point...
anon December 11, 2012 at 03:08 pm
or his mug shot
anon December 11, 2012 at 06:43 pm
yes now they have to worry about his drug problems..
John Loundagin December 15, 2012 at 01:52 am
So, because money is tight, everyone should just pipe down? REALLY? Amador should have just let the kid's stupid prank go. The Kid is really the one who'll need to live it down for the rest of his life. Truly, AVHS is the one who "went there". Sorry, MIP, you've got no case!

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