A boy of 14 has been charged with causing disruption at his school after refusing to take off a T-shirt bearing the logo of the National Rifle Association.
West Virginia student Jared Marcum said his shirt did not violate Logan Middle School's dress code policy.
The teenager told reporters that he was 'surprised' at the school's reaction and that they did not know their own dress code or policy.
"I figured they would have known not to call me out on that shirt because there was nothing wrong with it," he insisted.
His step-dad, Allen Lardieri, said Jared had been waiting in line to be served in the school canteen when he was ordered by a teacher to either remove the T-shirt or to turn it inside out.
When he refused, he was sent to the school office, and when he again refused, the police were called.
"When the police came, I was still talking and telling them that this was wrong, that they cannot do this, it's not against any school policy," the teenager told WBOY news.
"The officer, he told me to sit down and be quiet. I said 'No, I'm exercising my right to free speech'. I said it calmly."
The police charged him with disrupting an educational process and obstructing an officer, but Jared claims the only 'disturbance' came from a teacher who raised his voice.
Jared was said by his step-dad to have worn the shirt for five lessons before he was ordered to remove it.
The school's dress code prohibits clothing and accessories that display profanity, violence, discriminatory messages or sexually suggestive phrases. They also ban items which display advertisements for any alcohol, tobacco, or drug product.
The family's lawyer, Ben White, said that Jared's top did not appear to violate any of the school's policies.
"I just don't understand why this teacher reacted the way he did," he said, adding that he was due to meet with the school's head this week.
The family say that Jared's first amendments rights were violated by the school.