The Volokh Conspiracy - The First Amendment in high school:

The New York Times reports:

By the account of the [ACLU], . . . Brad Mathewson, a 16-year-old junior [at a Missouri high school], was sent to the principal's office at Webb City High School on Oct. 20 for wearing a T-shirt . . . [that] bore a pink triangle and the words "Make a Difference!"

Mr. Mathewson, the A.C.L.U. said, was told to turn the shirt inside out or go home and change. . . .

A week later, Mr. Mathewson was again admonished for wearing a gay pride T-shirt, this one featuring a rainbow and the inscription "I'm gay and I'm proud." Told once more to turn the shirt [inside] out or leave, he chose to go home and was eventually ordered not to return to school wearing clothing supporting gay rights.

School officials said yesterday that they could not comment on the situation, or confirm or deny the A.C.L.U. account. . . .

If the ACLU's factual claims is right, this is a pretty clear First Amendment violation. Under Tinker v. Des Moines Independent School District (1969), students in public schools remain free to express their poltiical views so long as there's no serious risk that the expression will substantially disrupt the school. The ACLU claims that there was no such risk here, since the student "had previously worn the Gay-Straight Alliance T-shirt to school several times without causing any disruption."

Maybe the school has some facts on its side that it isn't revealing. But from what I've seen, it sounds like they need to read up on their constitutional obligations.

Thanks to Mark Eckenwiler for the pointer.

UPDATE: How Appealing has links to many more newspaper articles about this case, to the ACLU's Complaint, and to the ACLU's brief in support of its motion for a preliminary injunction.

	[Eugene Volokh, November 24, 2004 at 10:23am] Trackbacks The First Amendment in high school: The New York Times reports: By the account of the [ACLU], . . . Brad Mathewson, a 16-year-old junior [at a Missouri high school], was sent to the principal's office at Webb City High School on Oct. 20 for wearing a T-shirt . . . [that] bore a pink triangle and the words "Make a Difference!" Mr. Mathewson, the A.C.L.U. said, was told to turn the shirt inside out or go home and change. . . . A week later, Mr. Mathewson was again admonished for wearing a gay pride T-shirt, this one featuring a rainbow and the inscription "I'm gay and I'm proud." Told once more to turn the shirt [inside] out or leave, he chose to go home and was eventually ordered not to return to school wearing clothing supporting gay rights. School officials said yesterday that they could not comment on the situation, or confirm or deny the A.C.L.U. account. . . . If the ACLU's factual claims is right, this is a pretty clear First Amendment violation. Under Tinker v. Des Moines Independent School District (1969), students in public schools remain free to express their poltiical views so long as there's no serious risk that the expression will substantially disrupt the school. The ACLU claims that there was no such risk here, since the student "had previously worn the Gay-Straight Alliance T-shirt to school several times without causing any disruption." Maybe the school has some facts on its side that it isn't revealing. But from what I've seen, it sounds like they need to read up on their constitutional obligations. Thanks to Mark Eckenwiler for the pointer. UPDATE: How Appealing has links to many more newspaper articles about this case, to the ACLU's Complaint, and to the ACLU's brief in support of its motion for a preliminary injunction.