Wednesday, October 03, 2007

And Now, A Student 1st Amendment Post

T-shirts with political slogans are against the school district dress code? Can't be, unless Tinker v. Des Moines no longer has any meaning.

This kid has some intelligence issues in supporting John Edwards for anything other than town idiot, but it's certainly his right to display his idiocy for all to see.

3 comments:

Rhymes With Right said...

Darren , I've got to disagree with you on this one.

A facially neutral rule, neutrally applied, bans most t-shirts with writing. Any court in the US would uphold that dress code -- especially since there is nothing in the dress code that would prevent him from wearing a polo shirt with an Edwards logo, an Edwards button, or even slapping an Edwards bumper sticker on his backpack.

http://rhymeswithright.mu.nu/archives/242588.php

Darren said...

You're right that the dress code is viewpoint neutral, but I question whether it's so stringent that it fails the 1st Amendment test. If the Supremes overturn Tinker then all bets are off, but until then....

Rhymes With Right said...

But the dress code is not that stringent, nor does it close off his free speech rights. He has multiple options within the dress code for expressing his views. As such, I don't see this as impacting upon his rights as defined by Tinker.

His complaint is that the method he wants to use is one that is forbidden under a policy that is neutral on its face and in its application.