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Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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April 2, 2010
Judge Tom
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“Attention, Walmart customers. All Black people, leave the store now.”

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These were the words of a 16-year-old boy in Washington Township, New Jersey. On Sunday, March 14, 2010, he grabbed one of the courtesy phones in the store and calmly made his announcement. Once identified as the speaker, he was arrested and eventually released to his parents. He was charged with harassment and intimidation. The case is expected to remain in the juvenile system. Investigation continues into identifying a possible accomplice.

Walmart moved quickly to apologize to everyone in the store. They also updated their intercom system to prevent this from happening again. Some customers were upset and reported hearing of similar incidents in other stores.

If you were the juvenile court judge assigned to this case, what would you say to this boy? What do you think would be an appropriate penalty for what he did? Would community service hours make a difference in his attitude about tolerance and diversity? What could sensitize him to the consequences of offensive speech?

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • Willie Evangelista
    April 12, 2010 6:39 am count( 0 )

    Offensive Speech (yes), however protected Speech, this child is protected by the 1st Amendment. We cannot force our moralistic beliefs upon anyone, it probable was more a harmless prank in his eyes more then one that is offensive, it is only offensive to those whom are black..As a Purto Rican, i would have taken it as a joke, as i do not care what true niggers have to say look the word up “nigger” “a ignorant person”, it doesn’t say what race you have to be,to be considered ignorant, in the 21st century why do we have to choose our words with fear or harming an entire race?
    Dear Willie: Thank you for your comments. Note: The word ‘nigger’ has several meanings [see Webster’s Dictionary] including a member of a socially disadvantaged class or any dark-skinned race. Today, however, the word ranks as perhaps the most offensive and inflammatory racial slur in English against a black person. Not all speech is protected under the First Amendment – including “fighting” words that would under most circumstances include the word “nigger.”
    [This is information only – not legal advice.]