They can wear the shirts (just not on school grounds). Their constitutional right to free speech was not violated.
Arbitrary application to what might be considered a threat is in violation to free speech. Even the dumbest knuckle dragging Liberaltarian knows that.
They can wear the shirts (just not on school grounds). Their constitutional right to free speech was not violated.
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Maybe but their equal protection rights were almost certainly violated as the GOVERNMENT school allowed people of one point of view to wear their opinions but sanctioned people of an opposing point of view. These are the victims of the government thought police in this case not the lawyers. They hire lawyers because they do not know the nuances of the law.
Yes, it was. Look over in the religion forum from 4/14 and there's another story dealing with another such incident. It cite the court decision and how to set the school straight (no pun intended). If it's a public school, unless it can be shown that the shirts were obscene or otherwise created a REAL distraction, they can't stop them. A private school would be another matter.
<< The boys ... say their constitutional right to free speech was violated.
They can wear the shirts. [Just not on school grounds]
Their constitutional right to free speech was not violated. >>
Of course it was.
To paraphrase the Amendment: The government owns the school and may pass no law proscribing the free speech of any FRee Man. [American] Including the most unpopular speech -- which Adam and Eve not Adam and Steve shirts most decidedly are not!
[Unless, of course, the user of the speech in question is the employee of and thus IS the government -- "professor" churchill, say -- in which case it is the government's duty to fire his lying arse!]
The US Supreme Court ruled in Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d. 731 (1969), that students "do not shed their constitutional rights at the schoolhouse gate" and that the First Amendment protects public school students' rights to express political and social views.
If the School had a day of silence ON SCHOOL GROUNDS then these boys have a Constitutional right to wear their T shirts on school grounds. What good for the Fruit is good for the Straight.
Oh you are so right- any student loses all their rights the
moment they walk on to school property. Their parents have NO rights on school property. And the public school system
today militates against Christianity and the moral ethic that guided this nation from 1760- 1960. some puke faced public defender insisted in a Court of law that his client
was innocent of vandalism of my car--because everyone knew
the school had determined my son should try the homosexual
lifestyle -and "maybe it[the vandalism] was done by someone who knew my son was gay." To his credit the Judge had it stricken . I am so happpy I was out of the Courtroom
when this incident occurred -or I would have disrupted the
proceedings by beating some sense into the faggot attorney.