Posted on 10/06/2002 9:05:41 PM PDT by stainlessbanner
PHILADELPHIA (AP) A rural New Jersey school district was wrong to suspend a high school student because he wore a T-shirt with redneck humor, a federal appeals court ruled.
In a 2-1 decision issued Thursday, the U.S. Third Circuit Court of Appeals ruled the ban by the Warren Hills Regional School District was unconstitutional because there had been no previous problems involving the T-shirt at the school near the Pennsylvania border.
The district adopted an anti-harassment and intimidation policy last year after several months of racial tension at the high school. The policy most notably banned the display of the Confederate flag on school grounds or at school events.
However, the court ruled the district overstepped its bounds when it banned the T-shirt because it contained the word "redneck."
"Defendants have not, on this record, established that the shirt might genuinely threaten disruption or, indeed, that it violated any of the particular provisions of the harassment policy," the court wrote.
Thomas Sypniewski Jr., 19, challenged the ban after he was suspended for three days and lost parking privileges at the school for wearing the shirt that bore comedian Jeff Foxworthy's "Top 10 Reasons You Might Be a Redneck Sports Fan."
Sypniewski, 19, said he was happy with the ruling but declined further comment. He graduated from the school last year.
His attorney, Gerald Walpin, said the decision means the Warren County district will have to rewrite its anti-harrassment policy.
"I think this is a victory for the First Amendment," Walpin told The Express-Times of Easton, for Friday's editions.
James Broscious, the district's attorney, said the ruling puts school officials in a tough position.
"You have to wait until something happens then deal with it," Broscious said. "When you're in a school setting you can't wait."
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