The Salt Lake Tribune reports:
Since May 6, Hillcrest [High School] officials have suspended [student Cody] McCook twice and booted at least three other students for refusing to cover up or change out of T-shirts with the anti-smoking message, “Queers Kick Ash.” . . .
School officials claim the shirt violates Hillcrest’s dress code, which prohibits, among other things, clothing that is vulgar or sexually suggestive, or “items which bear advertising, promotions and likeness of tobacco.” The pun “kick ash” was deemed unsuitable, as was the word “queer.” Principal Linda Sandstrom says the label is still seen by some as a slur and could target students for harassment.
I think this policy is more defensible on a Bethel School District v. Fraser rationale, which is that the school can ban vulgarities such as “queer” if it’s doing so because they’re seen as slurs in at least some situations; the full scope of Fraser, though, is unclear, especially in a context such as this one, in which the word is clearly not being used as a slur. The school would, I suppose, argue that students should be taught to avoid the word altogether, and that other words such as “Jew” are distinguishable because they’re used as slurs only in rare circumstances.
The prohibition on all likeness of tobacco, though, seems to me clearly unconstitutional, since it fits neither within the Fraser exception nor the Tinker v. Des Moines Independent School District doctrine that speech may be restricted if it’s disruptive.
Thanks to Matt Rustler (Sheep Free Zone) for the pointer.
Comments are closed.