UPDATED 8/15/08 6:33 p.m.: KNOXVILLE, Tenn. (WVLT)-- After twelve hours of deliberations over three days, a federal judge declares a mistrial in the case of an Anderson County student who filed suit after not being allowed to wear clothing with confederate symbols to school.
Tommy DeFoe is disappointed the jury could not reach the verdict he wanted, but that's not stopping him.
The court will have to set a new trial date and do it all over again.
For DeFoe, he may not have won the war, but he feels at least he's won a battle.
"If I hadn't have stood up for my rights, everybody else's right, hadn't have stood up for the South and the Confederate flag nobody else would."
Tommy DeFoe says his commitment to his cause is as strong as ever, even after a federal judge declared a mistrial after jurors said they could not reach a unanimous verdict.
But DeFoe's attorney Van Irion believes it was close.
"Based on juror reactions during the trail the jurors were for our side and that there was one we were pretty sure was pretty adamant against us."
Defense attorney Arthur Knight disagrees saying he doesn't believe Irion knows what the jury's positions were, but Irion he they offered to lower the bar and let the jurors continue deliberating for a less than unanimous verdict but the defense declined.
Knight says, "Maybe this is just my Christian background but that's maybe a little bit more gambling than I like to do."
As the parties wait for a new trial date, could there be a settlement?
Anderson County School Board Chariman Dr. John Burrell says, "I don't think we can settle as long as we have the same policy with the Board of Education."
Because they didn't lose, Irion hopes this will at least put other school districts banning the flag on notice.
Irion says, "If you're banning things based on the fact it's offensive, that violates the Constitution."
So for now, DeFoe hopes to pull back, reorganize and one day be back on the battlefield.
DeFoe says, "Nobody else would because nobody's going to do it because everybody's scared of them and I ain't scared of them, and this ain't overwith. It ain't over.”
We attempted to talk to five of the eight jurors after the trail to find out just how many people were holding up a unanimous verdict but they declined comment.
Irion hopes the court will set a new trial date next week.
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UPDATED 8/15/08 1:00 p.m.: KNOXVILLE, Tenn. (AP) -- A federal judge in Knoxville has declared a mistrial in a teenager's free speech lawsuit over a dress code that banned him from wearing Confederate flag clothing.
The all-white jury deliberated about 13 hours but was unable to reach a unanimous verdict in the case of 18-year-old Tommy DeFoe.
Judge Tom Varlan dismissed the jury Friday.
DeFoe's attorneys said they would like a new trial.
DeFoe's lawsuit contends his rights were violated by an Anderson County schools dress policy that bars the flag from student clothing.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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UPUDATED 8/15/08 11:45 p.m.: KNOXVILLE, Tenn. (WVLT) -- The federal judge in the Confederate flag freedom of speech case against Anderson County Schools has declared a mistrial.
We'll have an complete coverage on Volunteer TV News at Noon and on VolunteerTV.com.
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UPDATED 8/14/08 6:00 p.m.: KNOXVILLE, Tenn. (WVLT) -- It's a trial that's of interest all over the country, and a federal jury is on the way to a third day of deliberations to decide if a former Anderson County student has the right to wear confederate symbols to school.
The jury had two questions for the judge as they deliberated Thursday, but one in particular offers a glimpse at just how tough it might be to get a verdict in this case.
The jury sent a question to the judge saying they can’t reach a unanimous decision, and they wanted to know what they should do.
The judge questioned whether this case can be resolved, but decided to send the jury home for the day, and told them to begin deliberations again Friday.
Plaintiff Tommy DeFoe continues to wait for a verdict after suing the Anderson County School System after being suspended 13 times for wearing confederate symbols on his clothing.
DeFoe argues that it's a right of free speech, but the defense says it may offend some minorities.
So what does DeFoe think after some ten hours of deliberation.
"Well, it's good that they're taking this long, I guess, but I don't see how long it would take for them to figure out that I’m right.”
Attorneys on both sides are scheduled to be back in federal court at 8:30 Friday morning.
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UPDATED 8/13/08 6:32 p.m.: KNOXVILLE, Tenn. (WVLT) -- The case over wearing symbols of the confederate flag at an Anderson County high school is now before a federal jury.
Jurors left for the day around 5:00 p.m., but both attorneys told them the importance of the case.
Plaintiff attorney Van Irion said the eyes of the world are on the jury.
Plaintiff Tommy DeFoe says, "I knew it would take a while, and I wasn't gonna give up. I knew I'd be out of school before it ended."
Tommy Defoe knew he'd never be able to wear symbols of his Confederate battle flag in an Anderson County school again. But this 19-year-old is now fighting for the rights of others.
The case is now before a Knoxville federal jury. In closing statements, plaintiff attorney Van Irion said this was a case of freedom of speech.
Speaking of the school's ban, he said, "Popular ideas don't need protection."
Meanwhile the defense maintained that minorities could be offended and lead to disruption.
Defense attorney Arthur Knight says, "We're talking about a school. You have to be there or be truant. You can't walk away."
Defoe maintains that wearing the flag has not been a problem.
DeFoe says, "Everybody I knew wore it, you know? It didn't cause no problems. The only disruption it ever caused, teachers would say something, or principals would say something about it."
When the jury returns, Defoe hopes he's not won a battle, but the war.
DeFoe says, "You should be able to wear what you want. Without anybody telling you not to. School's supposed to be a place you know, to learn and get an education. It ain't a place to tell you you can't do this or you can't do that."
Deliberations will resume first thing Thursday morning.
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KNOXVILLE, Tenn. (WVLT) -- A student fighting for the right to wear the confederate flag in school is getting some unlikely support.
Confederate flag supporter H.K. Edgerton says, "We are Southern, too, but don't come taking away our place of honor and dignity which is what these folks have done."
Edgerton is a former NAACP leader and is now a confederate heritage supporter joining the plaintiffs in support of the Confederate flag in Anderson County.
Plaintiff s continued with their testimony in Federal Court Tuesday.
School officials testified that there had been several occurrences of racially motivated incidents, but also said symbols of the flag were not present except for one time when two black students came to Anderson County High School following hurricane Katrina to find a Confederate flag in the school.
Plaintiff attorney Van Irion asked Principal Greg Deal whether they would display a flag that says “heritage, not hate,” if they were intent on harassing.
Deal said the flag ironically shows up two days after the arrival of two African American students.
Edgerton, who heard the testimony, said school administrators and their attorneys were race baiting.
Edgerton says, "You can't presume to assume that black folks are going to hate this flag because we earned a place of honor and dignity under this flag. This flag is just as much a part of black folks in the Southland of America as any white many walking around here."
Tommy DeFoe filed the lawsuit, and says, “It's just a symbol of heritage that's from the South and it's ancestors. That ain't got nothing to do with racism."
DeFoe says he's now hoping that all his civil disobedience and suspensions from school will be vindicated by a jury, and that’s something Edgerton applauds.
Edgerton says, "To stand up for the Southland of America just like their ancestors did ...no matter what the consequences are and say this is not right."
The jury could get the case Wednesday afternoon or early Thursday.