ACLU to Defend Student Sent Home for Wearing Pro-Equality Shirt

[Hissyspit]

Source: Raw Story

ACLU to defend student sent home for wearing pro-equality shirt

Published on March 23, 2011
Written by: Eric W. Dolan

An eight-grade Louisiana student who was sent home from school for wearing a pro-equality shirt is receiving support from the American Civil Liberties Union (ACLU).

KTBS reported that De Soto Middle School student Dawn Henderson was ordered to go home after refusing to remove a shirt with the text “Some Kids are Gay. That’s OK.”

De Soto Middle School Principal Keith Simmons said he sent her home because her shirt was a distraction to other students.

“Students do not give up their free speech rights at the schoolhouse gate,” ACLU of Louisiana Executive Director Marjorie R. Esman said in a letter to Simmons. “To allow students to express one kind of opinion but not another is the very definition of censorship, and it violates the Constitutional rights of students like Dawn Henderson, who may have views different from those of her school Principal.”

Read more: http://www.rawstory.com/rs/2011/03/23/aclu-to-defend-student-sent-home-for-wearing-pro-equality-shirt/

[Boojatta]

1. "her shirt was a distraction to other students"

What about her body? It could be a distraction if she's not wearing a burqa under that T-shirt.

Edited to add:
Hold the presses. The article at the link says "shirt", but doesn't specify whether or not it is officially a "T-shirt." My apologies.

[Zywiec]

2. Love the ACLU!

[RKP5637]

3. +1000 +++ n/t

[Zorra]

4. I love the ACLU. Think I'll join again. nt

[RKP5637]

5. I had to choose between the ACLU and the DNC, our new budget. I choose the ACLU! n/t

[The Philosopher]

6. We gay kids

aren't supposed to exist. We're supposed to not have any feelings whatsoever, no crushes at all. And if you we can't handle that? Well, it's obvious what we're supposed to do.

[Boojatta]

7. In eighth grade, is it unusual that students who aim to slander would use the spoken word "gay"?

ACLU of Louisiana Executive Director Marjorie R. Esman said (...)

"Sending Dawn home for wearing a shirt with the word ‘gay’ on it not only trampled her right to freedom of expression, but also sent a destructive message to all students that there is something wrong with being gay or even saying the word 'gay.'

Presuming that the school's response actually does generalize from written to spoken language, wouldn't the message sent by the school about spoken language tend to be more constructive than destructive?

[lobodons]

8. Why is it a bad thing to refer to students as being happy?

Seems odd?

[Name removed]

12. Deleted message

Message removed by moderator. Click here to review the message board rules.

[demwing]

14. wow. inappropriate display of anger

[ProgressiveProfessor]

16. Do you have a problem with "Straight Pride" shirts?

[Hissyspit]

21. Non-equivalence.

[ProgressiveProfessor]

22. Not in the eyes of the court

My point being that if you tolerate words, then pretty much all words need to be tolerated.

[No Elephants]

9. IMO, the ACLU has erred in a case or two. Overall, though, I bow in awe of this guardian of

our rights.

[and-justice-for-all]

10. I find that ALL the clothes kids wear to school are a distraction...

and therefore think that they all should wear uniforms from 3rd grade through high school.

In this case, the students freedom of expression/speech has been violated.

[Courtesy Flush]

19. Many Louisiana school districts require uniforms.

I live in South Louisiana. All of the surrounding parishes require school uniforms from kindergarten through high school. Parents generally agree it was a good decision.

[ProgressiveProfessor]

23. There are limits and opt out options for uniforms in California

and there are always those who do. As a parent I love uniforms as an educator I have mixed feelings.

[and-justice-for-all]

26. The option should not be made availible...

everything kids wear and how they wear it, is a distraction. I also do not see any limits, everyone attending grades 3 through 12 wearing the same thing sounds reasonable to me.

[ProgressiveProfessor]

28. It is state law here and those school who write such a strict dress code that

it becomes a defacto uniform lose as well.

[and-justice-for-all]

25. I think it is a good decision as well...

and there should not be an opt out option.

[devils chaplain]

11. Such an offensive message on that shirt!

:crazy:

[tpsbmam]

13. The principal sounds like a damn RW fool. The kid's actions are awesome, indicating

there are likely pretty great parent(s) who are standing by her.

:thumbsup: :grouphug: for Dawn & her support system and :puke: on the principal.

[demwing]

15. Forget the message in itself

I'd be against the school's actrion even if I disagreed with the message. The ACLU hits it here:

"To allow students to express one kind of opinion but not another is the very definition of censorship"

If the policy is enforced across the board, I'm fine with it. If it is enforced selectively, it's gotta go...

[johnroshan]

17. What kind of precedent is the school setting?!

Some views are acceptable and some are not? Schools and colleges are the very places where a radical opinion can be freely expressed and debated without retribution. Freedom of expression should be observed with great zeal there.

John.

[callous taoboy]

18. Right, but I (heart) Justin Beiber is not a distraction.

My third grade girls wear such shirts.

[MellowDem]

20. Yep, should be a violation under the Tinker analysis...

The only other way that it would be constitutional is if the shirt could be seen by others as being sanctioned or promoted by the school pretty much, which it doesn't sound like is the case from the article.

Also, while under the Tinker anlaysis, a reasonable prediction of a disruption occuring is enough to restrict speech. As was pointed out in the article, in another case (at a high school I happened to attend some years ago in fact), there were some anti-gay incidents reported by the case, but even this was not enough to rise to the level of disruption to make a reasonable prediction that the shirt saying "Be happy, not gay" would cause conflict of some sort. In fact, the message in this case seems much more positive as well, not a negative comment on others.

So, I think looking at precedent, the ACLU has a strong case, unless there was a lot of substantial disruptions occuring at the school over the issue of homosexuality.

[ProgressiveProfessor]

24. Don't forget that wearing "straight pride" shirts have been upheld by the court

[Omaha Steve]

27. Marta and I contribute to the ACLU

For things like this! When I was in the seventh grade I remember the ACLU (Ne) coming into my class to explain our rights if arrested. It included pocket cards to carry at all times.

K&R!

[3lyford]

29. Distractions?

Isn't learning how to discuss ideas and being an active citizen something schools care about? Ideas, even ideas that might somehow hurt really delicate peoples feelings (OMG their are gay people, were all going to die!!!!!!!!!!!!!) should be able to be presented.

[Boojatta]

30. Could the face of a particular student or teacher be a distraction

requiring removal of that student or teacher from the classroom?