Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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Schoenecker v. Koopman
Right to Wear T-Shirts That Depict or Mention Guns
Likely unconstitutional, said U.S. District Judge Lynn Adelman, in Schoenecker v. Koopman, decided Friday, granting a preliminary injunction blocking the school from enforcing the rule against Schoenecker. The T-shirts contain presumptively protected speech, the judge held, notwithstanding the school's argument that the first two shirts "do not convey specific, unambiguous messages." Because the images on the shirts "are pure speech, in that they contain images and words that convey a message," they are presumptively covered by the First Amendment even if they are "ambiguous and open to interpretation," and lack "a narrow, succinctly articulable message."

And this presumption wasn't rebutted by a sufficient showing of "likely ... substantial disruption" (the Tinker v. Des Moines Indep. School Dist. Standard):
To show that he reasonably believed that the T-shirts would be likely to cause substantial disruption, the defendant [principal] cites the following facts. First, he states that staff members working at the school told him that the shirts "made them uncomfortable and concerned about school safety," especially because the plaintiff wore the shirts shortly after the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Second, he notes that some students at Markesan High School participated in a walkout to protest school gun violence and to remember the 17 victims killed in the Parkland shooting, and that some Markesan students in general are concerned about a shooting occurring at their school. Third, the defendant states that "class instruction was disrupted on multiple occasions due to student discussions and arguments about the [plaintiff's] shirts." Finally, the defendant states that, after the plaintiff filed this lawsuit and news outlets came to the school to interview him, students became distracted by the news crews and had disruptive discussions during class about the media presence.

Re: Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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ViktyrGehrig wrote: Sat Dec 08, 2018 6:50 am I've always wondered how the people who run our public schools expect the students to learn about the Constitution when they, themselves, do not consider themselves bound by it.
The people that are suppose to run the schools leave a lot to be desired when it comes to civil liberties. They can remember back to the 1970s when the Supreme Court and other courts through out the dress codes and hair style codes for schools as a violation of students civil rights of free speech and expression. It is just like may school districts can’t understand that school sponsored religious activities, prayer in school, religious symbols banners, etc., and public schools don’t mix. They periodically need a swift kick to the butt to remind them of this and when it happens they go off to their Reptillian buddies and whine and whimper about how unfair those libtard judges are treating them.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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FYI, I remember the day AFTER the dress code was thrown out, because that day all the girls showed up in pants. Being 13 and in 8th grade and it was 50 years ago, it was very distracting! Since I was in 8th grade for the 1968-1969 school year, that decision was in the 60's not the 70's (It might have been early January 1969).
"Even if the bee could explain to the fly why pollen is better than shit, the fly could never understand."

Re: Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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YankeeTarheel wrote: Sun Dec 09, 2018 6:24 pm FYI, I remember the day AFTER the dress code was thrown out, because that day all the girls showed up in pants. Being 13 and in 8th grade and it was 50 years ago, it was very distracting! Since I was in 8th grade for the 1968-1969 school year, that decision was in the 60's not the 70's (It might have been early January 1969).
It was my senior year, class of 1970, they girls and the female teachers were allowed to wear pantsuits at our high school. It was only our high school in the Fort Worth ISD allowed to do this, as we were the pilot program. A few years later they were allowed to wear blue jeans.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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TrueTexan wrote: Sun Dec 09, 2018 7:44 pm
YankeeTarheel wrote: Sun Dec 09, 2018 6:24 pm FYI, I remember the day AFTER the dress code was thrown out, because that day all the girls showed up in pants. Being 13 and in 8th grade and it was 50 years ago, it was very distracting! Since I was in 8th grade for the 1968-1969 school year, that decision was in the 60's not the 70's (It might have been early January 1969).
It was my senior year, class of 1970, they girls and the female teachers were allowed to wear pantsuits at our high school. It was only our high school in the Fort Worth ISD allowed to do this, as we were the pilot program. A few years later they were allowed to wear blue jeans.
Well, I was in school in suburbia, NY then so...it was instantaneous. Not just slacks but jeans that next day. The truly sad thing is so many of the girls I specifically remember from that day have passed away--over 10% of my HS class has died, AFAIK.
"Even if the bee could explain to the fly why pollen is better than shit, the fly could never understand."

Re: Volokh: US Dist Court judge grants injunction against high school t-shirt ban

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YankeeTarheel wrote: Sun Dec 09, 2018 7:58 pm
TrueTexan wrote: Sun Dec 09, 2018 7:44 pm
YankeeTarheel wrote: Sun Dec 09, 2018 6:24 pm FYI, I remember the day AFTER the dress code was thrown out, because that day all the girls showed up in pants. Being 13 and in 8th grade and it was 50 years ago, it was very distracting! Since I was in 8th grade for the 1968-1969 school year, that decision was in the 60's not the 70's (It might have been early January 1969).
It was my senior year, class of 1970, they girls and the female teachers were allowed to wear pantsuits at our high school. It was only our high school in the Fort Worth ISD allowed to do this, as we were the pilot program. A few years later they were allowed to wear blue jeans.
Well, I was in school in suburbia, NY then so...it was instantaneous. Not just slacks but jeans that next day. The truly sad thing is so many of the girls I specifically remember from that day have passed away--over 10% of my HS class has died, AFAIK.
I haven't kept up with the High School class made my ten reunion and that was it. We lost a few of our guys right after high school due to the them going to Uncle Sam's Southeast Asian Vacation Tour Fiasco.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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