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Judge OKs Mo. school's ban on clothes with Confederate flag
Ruling: Fears of disruption were reasonable given previous racial incidents
August 13, 2007
MISSOURI — A federal district court on Friday
dismissed a lawsuit filed by three high school students who were punished for
wearing Confederate symbols to school.
Farmington High School student
Bryce Archambo wore a hat in September with a picture of the Confederate flag
and the words "C.S.A., Rebel Pride, 1861." School officials made him take off
the hat, but Archambo returned the next day wearing a T-shirt and belt buckle
with a Confederate flag image and the words "Dixie Classic." He was sent home
after refusing to remove or cover the images. His mother withdrew him from the
school that day, and he filed suit against the school district in November.
In January, two other students — identified in the suit only by
their initials — also were punished for wearing clothes that contained
Confederate images and statements of support for Archambo. Both students joined
the suit in March. All three students argued that wearing the Confederate flag
is protected expression under the First Amendment.
Officials from the
school district argued that the clothes violated the school's dress code, which
bans "[d]ress that materially disrupts the educational environment." That
language mirrors the legal standard set in Tinker v. Des Moines Independent
Community School District, a 1969 Supreme Court ruling that prohibits public
school administrators from suppressing student expression unless the expression
would materially disrupt school operations or invade the rights of
others.
In dismissing the suit, U.S. District Judge Jean C. Hamilton
ruled it was reasonable for Farmington administrators to fear that allowing the
students to wear images of the Confederate flag would increase racial tensions
and thus materially disrupt the school environment. The decision took note of
several racially motivated incidents in the school district the previous year.
For example, in May 2005 a white student urinated on a black student
— allegedly saying "that is what black people deserve" — while two
other white students watched. One black Farmington High School student's family
moved out of the district after several confrontations in September 2005 between
the black student and several white Farmington students, including a fight at
the black student's home. And two months later, a fight broke out at a
basketball game between Farmington and Festus Senior High School after
Farmington players allegedly directed racial slurs at two black Festus
players.
"Against this backdrop, the Court cannot conclude that
Defendants banned the Confederate flag because of nothing more than
'undifferentiated fear or apprehension of disturbance,' " Hamilton
wrote.
By Michael Beder, SPLC staff writer
© 2007 Student Press Law Center
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For More Information:
B.W.A. v. Farmington R-7 Sch. Dist., No. 06-1691 (E.D. Mo. Aug. 10, 2007).
- Former student sues school district for prohibiting Confederate apparel News Flash, 11/28/2006
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