WEBVTT
X-TIMESTAMP-MAP=LOCAL:00:00:00.000,MPEGTS:0

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EVERYONE SAY A PRAYER FOR THEM.

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GOD BLESS YOU FOR DOING THAT,

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JANICE.

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VERY NICE A "FOX & FRIENDS"

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EXCLUSIVE HERE.

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CALIFORNIA MIDDLE SCHOOLER

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ACCUSED OF WEARING BLACK FACE

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HAS A NEW LAWSUIT AGAINST SCHOOL

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DISTRICT.

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HE WAS SUSPENDED FROM SCHOOL TWO

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DAYS AND BANNED FROM ALL

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SPORTING EVENTS AFTER WEARING

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THAT BLACK EYE PAINT ON HIS

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FACE.

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NOW HIS FAMILY WANTS THE

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INCIDENT EXPUNGED FROM HIS

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RECORDS.

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J.H. JOINS US NOW ALONG WITH HIS

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DAD DANIEL AND THEIR LAWYER

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KARIN SWEIGART.

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THANK YOU ALL FOR JOINING US.

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>> THANK YOU AND GOOD MORNING.

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>> GOOD MORNING.

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>> J.A., I KNOW YOU LIVE OUT IN

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CALIFORNIA.

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THANK YOU FOR WAKING UP THIS

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EARLY FOR US.

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TELL US WHAT HAPPENED IN OCTOBER

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BACK AT THAT FOOTBALL GAME?

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>> IT WAS A NORMAL DAY

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EVERYTHING WAS NORMAL.

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NO ONE SAID ANYTHING.

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IT WAS A NORMAL FOOTBALL GAME

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AND LA JOLLA WON.

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>> Ainsley: YOU PUT BLACK EYE

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PAINT LIKE THE FOOTBALL PLAYERS

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DO.

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>> YEAH.

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>> Ainsley: LOOK AT THAT PICTURE

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ALL OVER YOUR FACE.

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BRIAN WHO IS A SPORTS

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ENTHUSIAST.

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A LOT OF ATHLETES ACTUALLY DO

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THAT.

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>> YEAH.

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THAT WAS THE MAIN POINT BECAUSE

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I USED TO GO TO A LOT OF

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FOOTBALL GAMES WHEN I LIVED IN

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TEXAS AND I USED TO PLAY

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FOOTBALL AND SOMETIMES WE PUT

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THAT ON IN ONE HAD A PROBLEM

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WITH IT?

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IN FACT, WASN’T THERE A SECURITY

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GUARD THERE WHO HE IS A BLACK

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SECURITY GUARD AND HE CAME UP TO

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YOU AND COMPLIMENTED YOU ON IT.

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>> YEAH.

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I ASKED HIM HOW DID IT LOOK?

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AND HE SAID THE SPIKES NEED TO

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GO HIGHER.

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>> Ainsley: ALL RIGHT SO, DAD,

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DANIEL, TELL US Y’ALL WERE

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HAVING A FUN NIGHT.

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A WEEK GOES BY.

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AND THEN THE PRINCIPAL CALLED

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YOUR SON INTO THE OFFICE?

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>> YEAH.

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I WAS SHOCKED.

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YOU KNOW, THERE WAS NO INCIDENT

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THAT NIGHT YOU CAN IMAGINE IN

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TODAY’S WORLD THERE IS

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IPHONES, THERE IS THOUSANDS OF

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PEOPLE OR OVER A THOUSAND.

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ACTUALLY THE OTHER SCHOOLS

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PREDOMINANTLY BLACK.

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AND NOTHING WAS SAID THAT NIGHT.

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THERE WAS NO INCIDENT.

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HE IS AN EIGHTH GRADER BY THE

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WAY.

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A SMALL EIGHTH GRADER HIGH

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SCHOOL FOOTBALL GAME STAFF

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TEACHERS, POLICE, SECURITY,

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NOTHING FOLLOWING MONDAY,

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TUESDAY, WEDNESDAY, NOTHING.

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WEDNESDAY NIGHT, OR WEDNESDAY

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AFTERNOON, THE PRINCIPAL CALLED

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J.A. INTO THE OFFICE.

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AND THEN THE NEXT MORNING, MY

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WIFE AND I SHOWED UP AND HE SAID

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HE DID BLACK FACE AND HE WAS

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SUSPENDED FOR TWO DAYS AND HE

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WAS GOING TO BE BANNED FROM

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SPORTS.

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THAT’S WHEN I SHOWED THE

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PRINCIPAL THE PICTURE FROM THAT

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NIGHT.

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AND I THOUGHT THAT WAS GOING TO

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END THIS WHOLE THING.

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AND THEN HE WAS LIKE NO, THAT’S

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BLACK FACE DANIEL, YOU KNOW YOUR

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SON.

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I READ AN ARTICLE LAST NIGHT

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THAT SAID YOUR SON SAID I DON’T

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KNOW WHAT BLACK FACE WAS.

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I’M IN MIDDLE SCHOOL.

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CAN YOU EXPAND ON THAT A LITTLE?

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DID YOU KNOW THAT MAYBE THIS

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WOULD BE CONTROVERSIAL WHEN YOU

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SAW THE PICTURE, YOU SAW YOUR

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SON THAT NIGHT?

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>> I WAS SO CONVINCED THAT IT

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WAS GOING TO VINDICATE HIM THAT

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PICTURE.

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I WASN’T ACTUALLY AT THE GAME

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WITH HIM.

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WHEN I SAW THAT PICTURE I WAS SO

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RELIEVED I WAS LIKE WAIT A

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MINUTE, THIS IS EXPLAINABLE.

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I THOUGHT WHEN I SHOWED THE

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PRINCIPAL THAT THAT THAT WOULD

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CLEAR THE WHOLE THING UP.

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BUT IT DIDN’T IT.

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ONLY GOT WORSE EVEN AFTER I

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APPEALED IT, IT DIDN’T FIX IT I

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JUST COULDN’T BELIEVE IT,

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ANYBODY THAT HAS EVER BEEN GO TO

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A SPORTS GAME VERY NORMAL.

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KIDS PLAYING HIDE-AND-SEEK A FEW

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DAYS EARLIER AT MY HOUSE.

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BOOGIE BOARDING.

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HALF THE GROUP ARE MINORITIES.

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SOME OF THEM AFRICAN-AMERICAN.

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IT’S JUST RIDICULOUS THAT THIS

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WOULD BE A RACIAL INCIDENT THAT

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NIGHT.

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>> Ainsley: KAREN THIS HAPPENS

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AT HIGH SCHOOL FOOTBALL GAME

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AFTER HOURS NOT AT SCHOOL.

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A WEEK LATER THE PRINCIPAL AT

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HIS MIDDLE SCHOOL CALLS HIM AND

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SAYS YOU ARE SUSPENDED FOR TWO

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DAYS AND YOU CAN’T ATTEND ANY

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ATHLETIC EVENTS.

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AND I WOULD LIKE YOU TO BEINGS

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AND ON THAT DOES THAT MEAN HIGH

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SCHOOL EVENTS?

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MIDDLE SCHOOL, JUST FOR A FEW

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MONTHS FOR THAT SEASON FOR THE

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FALL?

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AND ALSO TELL US ABOUT YOUR

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LAWSUIT?

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YOU ARE NOW SUING THE SCHOOL OR

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THE DISTRICT?

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>> SO BECAUSE OF HOW

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CONSTITUTIONAL LAW WORKS AND I

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WON’T GET INTO SUING THE

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PRINCIPAL DIRECTLY THE

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SUPERINTENDENT AND THE PEOPLE

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WHO MADE THE DECISION TO RUBBER

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STAMP THE PRINCIPAL’S RIDICULOUS

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DECISION TO SUSPEND J.A.

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THERE WAS A RECENT CASE JUST IN

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THE LAST COUPLE YEARS AT THE

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SUPREME COURT WHERE THEY TALKED

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ABOUT THE OUT-OF-SCHOOL SPEECH

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RIGHTS THAT STUDENTS HAVE TO BE

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ABLE TO EXPERT THEMSELVES.

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VERY CLEAR UNLESS YOU HAVE A

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SUBSTANTIAL DISRUPTION ON CAMPUS

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SCHOOLS CANNOT RESTRICT THE

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OUT-OF-SCHOOL SPEECH RIGHTS

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GOING BEYOND TO REGULATE STUDENT

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SPEECH.

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NOT ONLY THAT THEY DIDN’T

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PROVIDE J.A. WITH DUE PROCESS.

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THERE IS NO AMPLE REASON WHY

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THIS SHOULD HAVE NEVER GOTTEN TO

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THIS LEVEL.

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>> Ainsley: J.A., THIS IS WHAT

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THE DISCIPLINARY NOTICE SAID.

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THIS SON YOUR RECORD NOW

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POSSIBLY FOREVER.

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OFFENSIVE COMMENT AND INTENT TO

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HARM.

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DID YOU MAKE AN OFFENSIVE

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COMMENT AND WERE YOU INTENDING

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TO HARM?

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>> NO, NOT AT ALL.

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>> Ainsley: WHAT WOULD YOU LIKE

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TO SAY TO YOUR PRINCIPAL?

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YOUR PRINCIPAL WILL PROBABLY SEE

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THIS INTERVIEW.

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>> Ainsley: DAD, CAN YOU ANSWER.

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>> HE WILL LET THE LAWSUIT SPEAK

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FOR ITSELF, PROBABLY.

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>> Ainsley: ANYTHING YOU WANT TO

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SAY TO VINDICATE YOUR SON AND

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ALLOW AMERICA TO KNOW THAT WAS

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NOT HIS INTENT?

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>> I THINK ANYBODY WHO HAS EVER

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BEEN TO A FOOTBALL GAME WOULD

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KNOW THIS WAS NOT BLACK FACE.

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HE WAS WITH AN AFRICAN-AMERICAN

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THAT NIGHT.

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THE AFRICAN-AMERICAN SECURITY

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GUARD SAID THE SPIKES NEED TO BE

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BIGGER.

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THE ONLY PEOPLE SHOWING ABSOLUTE

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RACISM WAS THE SCHOOL AND SCHOOL

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ADMINISTRATORS.

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THERE WASN’T A REAL

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ADMINISTRATION TO BE PERFECTLY

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HONEST.

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WHEN I SPOKE WITH THE KIDS

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INVOLVED.

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THEY HADN’T BEEN INTERVIEWED BY

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THE PRINCIPAL.

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WHEN I SHOWED THE PRINCIPAL THE

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PICTURE HE HADN’T EVEN SEEN IT.

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>> Ainsley: IT WASN’T AN ISSUE.

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YOU SAID NO ONE SAID A WORD.

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A WEEK GOES BY.

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SOMEONE MUST HAVE REPORTED IT

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AND I KNOW YOU DON’T KNOW WHO

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DID.

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THANK YOU ALL SO MUCH.

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PLEASE KEEP US POSTED ON WHAT

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HAPPENS.

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J.A. REALLY QUICKLY WHAT ARE

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YOUR FRIENDS SAYING.

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MIDDLE SCHOOL IS HARD AND

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STRESSFUL.

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>> NOTHING.

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NOTHING REALLY.

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WE ARE ALL FRIENDS AND FRIENDLY

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WITH EVERYONE.

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>> THE KIDS KNOW THE TRUTH.

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>> Ainsley: THANK YOU ALL SO.