The banner was not displayed on school property. I heard it was just across the street.
Yes, but it was a “school sponsored event” where they were taken out to the street to watch the olympic torch go by. I guess they were allowed to make banners to be held up as the torch passed.
It was across the street. Somehow the SCOTUS has determined that because all the kids across the street were students of the school, that they had transported themselves to the school zone, and were standing across the street with the banner facing school property and deliberately attracting attention to it (and themselves) then they were at a school function and subject to the school rules.
It was during school hours, while they were “at” school. A child on a field trip is still “at” school.
It was a school authorized event and on school time by a school student. The purpose was to watch an Olypic Torch runner pass by, so OF COURSE they had to be out of the school, and some would naturally be on different sides of the road.
In Alaska a kid is under school control from the moment he leaves his house for school or a school event until the moment he returns to it or to another authority. Basically, a minor is always under someone’s jurisdiction.