Paul Hendrickson, a senior at Kingswood
Regional High School in Wolfeboro, first wore the patch in March 2005. The patch
featured a swastika with a line drawn through it.
According to the
lawsuit the school district filed against Hendrickson, Hendrickson was a member
of the “gay students,” which is a rival group of the
“redneck” or “homophobe” group. The two groups taunted
each other and made threats during the 2004-05 school year, according to the
lawsuit.
There was indication that members of the redneck group were
interested in Adolf Hitler and occasionally greeted the gay students with
Hitler’s strong-arm salute, according to the court
decision.
Fearing Hendrickson’s patch would lead to escalated
hostility or even school violence, administrators asked Hendrickson to remove
the patch. He was suspended after he refused to remove the
patch.
District Superintendent John Robertson said suspending
Hendrickson did not stifle his First Amendment rights and that it was a
“safety issue.”
But Hendrickson’s attorney, Stephen
Borofsky, said he does not buy that reasoning.
“Just because
there’s tension in the school, that doesn’t mean you do away with
the First Amendment,” he said. “The First Amendment has to live with
the tension, and it’s the administration’s responsibility to see
that it does.”
Case:
Governor Wentworth Reg’l Sch. Dist. v.
Hendrickson, No. Civ. 05CV-133-SM, 2006 WL 658936 (D. N.H. March 15,
2006).
Principal
censors student’s choking game
articlePENNSYLVANIA
— A high school journalist who wanted to inform other teens about the
dangers of playing the “choking game” was told by administrators in
February that running the article might be too dangerous.
Danielle
Hibler, a student at Canon-McMillan High School in Canon, Penn., wrote an
article titled, “A dangerous game exposed,” which detailed the death
of a 15-year-old girl from Kansas who died while cutting off her air supply as a
means of getting high.
Principal Linda Nichols did not allow the
article to run because she said printing such a story might spur copycats. She
also said the article was medically inaccurate and that parents — not a
student newspaper — should discuss the choking game with
kids.
The
Pittsburgh
Post-Gazette ran Hibler’s article on March 12. In late April the
article was sent home to parents and might be allowed to run in the student
paper in early May, Hibler
said.
Suspension
for ‘Bong Hits 4 Jesus’ poster violated student’s rights,
court saysALASKA
— A high school student’s First Amendment rights were
violated when he was suspended for holding a “Bong Hits 4 Jesus”
banner at a parade near his school, a federal appeals court ruled in March.
Joseph Frederick, a student at Juneau-Douglas High School, displayed
the banner in an effort to attract TV cameras as the Winter Olympic torch relay
was passing the school in 2002. Principal Deborah Morse grabbed the banner from
Frederick and suspended him for 10 days.
Frederick has said the
phrase “Bong His 4 Jesus” was meaningless and funny. But Morse has
argued the term “bong hits” promotes marijuana use, which
contradicts the school’s drug-free mission.
Speech taking
place outside of the classroom cannot be censored simply because it conflicts
with a school’s educational mission, the court said.
Not only
was the principal wrong in punishing Frederick for his speech, but also she
should have known better, the appeals court said.
“This is no
case of ignorance,” the decision said. “The law was clear and Morse
was aware of it.”
Frederick’s lawyer, Douglas Mertz said
the decision reinforces that students have free speech rights that school
officials cannot infringe upon.
“It solidified what the law has
been all along,” Mertz said. “That government officials may not
decide for themselves what speech is offensive and contrary to public
opinion.”
A petition filed by the school for rehearing before a
full panel of 9th U.S. Circuit Court of Appeals judges was denied April
18.
Case:
Frederick v. Morse, 439 F.3d 1114 (9th Cir.
2006).
Student’s
anti-gay T-shirt not protected by First
AmendmentCALIFORNIA
— A federal appeals court ruled in April that a school district was
justified in barring a student from wearing a T-shirt with anti-gay
statements.
In a 2-1 decision, the 9th U.S. Circuit Court of Appeals
held that officials at Poway High School in Poway, Calif., did not violate
student Tyler Harper’s First Amendment rights when they forbade him from
wearing a T-shirt that said, “Homosexuality Is Shameful” at
school.
School officials can restrict what students wear to avoid
violating the rights or well being of vulnerable student populations like gay
students, the decision said.
The dissenting opinion asserted that
school officials were wrong to censor Harper because there was no evidence gay
students were harmed by his wearing of the T-shirt, which also said, “Be
Ashamed, Our School Embraced What God Has Condemned.”
Robert
Tyler, an attorney representing Harper in the case, said he would petition
immediately for an
en banc re-hearing,
where the entire panel of circuit judges is called to re-hear and rule on the
appeal. He said he is also considering taking Harper’s case to the U.S.
Supreme Court.
Case:
Harper v. Poway Unified School Dist.,
No. 04-57037, 2006 WL 1043082 (9th Cir. Apr. 20,
2006).
Student sues
for right to wear Confederate flag
clothingSOUTH
CAROLINA — A 15-year-old high school student sued a school district
in March for disciplining her for wearing a Confederate flag T-shirt to
school.
In an article in
The
Charlotte Observer, the student, Candice Hardwick, said she was forced to
change clothes or turn her shirt inside-out when wearing clothing at school that
featured the Confederate flag, a symbol that some say is racist.
In a press release, the Latta School District said Hardwick’s
wearing of the flag “disrupted the education environment,” and that
Confederate flags have sparked racial tension among district students in the
past.
“The school was denying her freedom of speech,”
said Roger McCredie, director of the Southern Legal Resource Center, which is
representing Hardwick and her family in the case. The Southern Legal Resource
Center is a civil rights legal organization based in North Carolina that
addresses cases that deal with Southern heritage and
culture.
Hardwick’s lawsuit seeks to change the school’s
dress code policy, expunge her disciplinary record and obtain unspecified
monetary damages.
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