2 of 4 boys expelled over horror movie parody sue school

2 of 4 boys expelled over horror movie parody sue school
Knightstown officials thought film about evil teddy bears was menacing

A homemade horror-movie parody about evil teddy bears led to the expulsions of four Knightstown High School students who produced it, two of whom are suing to get back into school.

Their lawsuits claim school officials violated the students' First Amendment rights because the movie was made outside school and caused no disruptions.
But Knightstown Principal Jim Diagostino and Superintendent David McGuire saw menace in the movie. In particular, a teacher in the movie who is threatened by the teddy bears shares the same last name as a teacher at the district's middle school.
Linda Imel thinks the school district overreacted to a "silly kids' movie." Her 15-year-old son, Isaac, and his friend Cody Overbay, 16, have sued.
"That's crazy to think that's a threat to anyone," said Imel, 42. "We have adults, supposedly -- and educators at that -- who have failed terribly. They're willing to throw four good kids away."
Imel is hoping for court intervention. Her son has been out of school more than a month.
Earlier this week, the Charles A. Beard Memorial School Board upheld the expulsions through the end of the school year for Isaac Imel, Overbay and another student who had appealed to return to school.
The Imel and Overbay suits are pending in federal court in Indianapolis, but no hearing dates are scheduled. Indianapolis attorney Mark Sullivan is representing Overbay, and the American Civil Liberties Union of Indiana is backing Imel.
The last time a film made in Knightstown drew headlines was in the mid-1980s, when scenes from the classic "Hoosiers" were shot in the former high school gym.
At issue in the students' lawsuits is whether the district overstepped its bounds. Indiana law allows expulsion for activity unconnected with school if it's unlawful and interferes with school operations.
The boys, who are sophomores, spent a number of months on their project, working on the video from the fall of 2005 through last summer. But their suits point out that Overbay's and Imel's contributions were limited, so much so that they did not know when the movie was finished. The other boys who were expelled have not taken legal action.
More than an hour long, the movie draws inspiration from the animated, satirical Comedy Central series "South Park." It is titled "The Teddy Bear Master," and Linda Imel said the boys intended it to parody the horror movie "The Puppet Master."
In the movie, according to the lawsuits, students harass a teacher named Mr. Clevenger during class. Later, the teddy bear master orders stuffed animal minions to kill the teacher, citing earlier embarrassment caused by Mr. Clevenger.
But in the classroom, the students fight off the teddy bears.
The lawsuits note the movie's poor sound and lighting quality to underscore its amateur nature.
"It's a 14- or 15-year-old boy's idea of humor," said Jackie Suess, the ACLU of Indiana's senior staff attorney.
The Henry County prosecutor's office reviewed the movie but declined to press charges and found the movie to be nonthreatening.
Nevertheless, Diagostino, the principal, pressed for expulsions after learning of the movie in mid-October.
In a letter to School Board members Nov. 3, Superintendent McGuire said teacher Daniel Clevenger, who teaches seventh grade at Knightstown Intermediate School, felt threatened.
There should be some limits to students' freedom of expression, McGuire wrote, citing a phrase familiar to First Amendment students: "Your freedom to swing your fist ends at the point of my nose."
The superintendent, the principal and attorneys for the school district could not be reached this week for comment.
But in the district's response to an ACLU motion filed this week, Indianapolis attorney Robert Kelso wrote: "Specifically, the school disciplined (Imel) for his role in the production of a home movie that contained vulgar and offensive language, threatened and intimidated a teacher."
The response also says students could have accessed the movie at school because portions were posted on the social networking site MySpace.com.