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April 2008

Avoiding Viewpoint Discrimination or Opening A Can of Worms?

The 7th Circuit Court of Appeals upheld the right of a student to wear an anti-gay t-shirt.  Wonder how'd they react to an anti-straight t-shirt?  Here's the story:

Court says Ill. student can wear anti-gay T-shirt at school

   CHICAGO— A federal appeals court has ruled that a suburban Chicago student should be allowed to wear an anti-gay T-shirt at his high school — a decision the teen's attorneys describe as a victory for First Amendment rights.

   In its ruling, the 7th U.S. Circuit Court of Appeals instructed the district court to order the Neuqua Valley High School to suspend its ban on the ``Be Happy, Not Gay'' T-shirt while a civil rights lawsuit in the case proceeds.

   Neuqua sophomore Alexander Nuxoll was banned from wearing the shirt to school, and he and one-time student Heidi Zamecnik, who wore a similar T-shirt to school in 2006, filed a lawsuit saying their civil rights had been violated.

   Indian Prairie Unit District 204 later said the students would be allowed to wear a T-shirt that read ``Be Happy, Be Straight,'' but the students refused. Last year, a judge ruled against them.

   The Alliance Defense Fund, a Christian litigation group representing the students, hailed Wednesday's ruling.

   ``The court's ruling is a victory for all students seeking to protect their First Amendment rights on a school campus.'' ADF attorney Nate Kellum said on Thursday. ``Public school officials cannot censor a message expressing one viewpoint on homosexual behavior and then at the same time allow messages that express another viewpoint.''

Morehttp://tinyurl.com/3wwoab

ANOTHER BULLYING LAWSUIT

Families file bullying lawsuit against Sioux City schools

Associated Press - April 7, 2008 8:44 AM ET

SIOUX CITY, Iowa (AP) - Two students are taking the Sioux City school district to court over bullying.

The ninth-graders say the district failed to protect them from being bullied and assaulted.

The lawsuit has been filed in Woodbury District Court by Ricky White Thunder, a student at West High School, and his sister, Jackie White Thunder, who transferred from West to Hoover Alternative School.

Read it here:  http://tinyurl.com/4pf4tj

About "The Gate"

The Court Speaks

  • That [schools] are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes. West Virginia v. Barnette (1943)

    It can hardly be argued that either students or teachers shed their constitutional rights ... at the schoolhouse gate. Tinker v. Des Moines (1969)

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