If This Isn't a Free Speech Violation, I Don't Know What Is

The headline I saw in one of my Google Alerts this morning read as follows:

"Texas Student Sues School for Booting Him for Wearing John Edwards T-Shirt."

Pardon me?

Apparently, the school's restrictive dress code bans wearing any shirts that have slogans or support organizations other than school related groups.

The principal claimed it would have been OK to start a John Edwards for President club at the school, and wear Edwards for President T-shirts if they had been made specifically for the club and mentioned the school's name.  But just a regular old Edwards for President shirt didn't pass muster.

I'd write more, but it's hard to type while I'm sitting here scratching my head over this one.

When she's done pondering the ridiculousness of this piece of news, you can find Joanne at her place, PunditMom.

Comments

[Julie Pippert]

I have heard rationalization and justifications after one another why schools have to create such restrictive dress codes.

But...that is one woolly loophole.

It's all so strange, now.

[debbie - i obsess]

schools are forever doing this stuff, and it's just so stupid and WRONG.

gah.

[Lawyer Mama]

Um, wow. I thought this legal issue was decided by the Supreme Court long ago by the Tinker case. (That was the one where the guy wore the jacket in the courthouse that said F--- the draft.) But Tinker involved obscenities & this doesn't.

There was a Court of Appeals case recently about this same sort of thing. But it was a public high school & the anti-Bush shirt was arguably more offensive. The Court of Appeals for the 2nd Circuit (I believe) said the school couldn't ban a shirt showing Bush as a coke-snorting, draft dodging chicken hawk.

So how on earth could a University in Texas think they could get away with this? Oy.

[JayMonster]

This is something I have been complaining about for quite some time, but few seem to really care about until such a situation arises.

To answer even Lawyer Mama's questions, the difference here is that in these schools now, they have stipulated that ALL logo t-shirts are banned, (they are not picking on one in particular, while allowing others which was the case elsewhere).

In the age of uniforms, and looking to make kids as conforming as possible, they have taken these steps claiming such B.S. claims as better attendance, and "fighting against gang colors" but really it is nothing more than trying to make kids into unthinking drones.

[John J.]

Supreme Court has already ruled on school dress codes and deemed them not un-Constitutional http://www.signonsandiego.com/uniontrib/20070306/news_1m6tshirt.html

Personally, I have no issue with a dress code, as long as it isn't a uniform (I went through about 12 years of that) and as long as it isn't an undue burden (costs, etc.).

[PunditMom]

John J, While I did not read the whole case, it appears from the article you linked to that SCOTUS only ruled on the issue of the injunction, and not on the school policy itself.