Hillsboro student sues district over right to wear pro-border wall shirt

[oberliner]

A Liberty High School senior is suing his school, the principal and school district, claiming his First Amendment rights were violated when he was told by an administrator to go home or cover up a T-shirt that promoted President Donald Trump's demand for a wall on the U.S.-Mexico border.

Addison Barnes is seeking an injunction stopping the Hillsboro School District from enforcing school dress codes "in a manner inconsistent with" the First Amendment and an order allowing him to wear the banned shirt to Liberty High School. The lawsuit, filed Friday in U.S. District Court in Portland, also seeks an undisclosed amount of money in damages.

The shirt's logo: "Donald J. Trump Border Wall Construction Co." Under the logo it said, "The wall just got 10 feet taller."

Barnes wore the shirt sometime this school year to his first period "People and Politics" class, where immigration was going to be the topic of discussion, the lawsuit said. Assistant principal Amanda Ryan-Fear took Barnes out of the class and told him to cover the shirt because at least one other student and a teacher said they were offended by it.

http://www.oregonlive.com/hillsboro/index.ssf/2018/05/hillsboro_student_sues_distric.html

Jake Tapper just tweeted about this (without comment).

[cynatnite]

1. I think the law is on the kid's side...

Yes, it's offensive, but I think it's protected speech since it's a political message.

[oberliner]

5. I think you are probably right

[NutmegYankee]

15. No, the Tinker SCOTUS decision allows schools to ban disruptive speech.

It’s how they can ban racist and gang speech.

[cynatnite]

18. The school can't censor free speech unless it interferes with the educational process...

That's in the Tinker decision.

The school would have to prove that the message is racist and I'm not sure if they'll be able to considering the content of the shirt. Yes, we may think it's racist because of tRump, but it can be argued in other ways to say it's not. It'll depend on the judge's interpretation.

[NutmegYankee]

20. I'm sure plenty of Latino/Hispanics found it racist.

And schools have banned lesser things to prevent disruption to the learning environment. Given 5 decades of legal precedent, the schools going to be ok.

[cynatnite]

23. I just don't think it'll be that simple...

It's not like he was wearing a shirt calling Latinos names. It's about the wall and there are any number of ways that argument can be made. As I said, it depends on a judge's interpretation.

[Phoenix61]

2. Why I love school uniforms

Solid color polo shirt and khaki or navy blue slacks or skirts. Saves a whole lot of arguing all the way around.

[Kirk Lover]

3. Can't the school say it's against their dress code? nt

[oberliner]

6. Can that be included in the dress code?

Or is that a violation of student rights?

[Jake Stern]

12. Opening that door can lead to unintended consequences

If this district were to successfully argue that point then what's to stop a school or district from banning shirts with Mexican flags on them or which promote Black Lives Matter?

[Kirk Lover]

14. They could say nothing politically affiliated is allowed in school....????

[Jake Stern]

16. That might withstand scrutiny

[gratuitous]

4. Saw the story on the local news

The kid looks exactly like what you're thinking. If I were one of his classmates, I would rag on him until he went home and burned the shirt to a cinder himself: "Hey Addison, how's that wall coming along? Lined up a summer job yet? I hear your hero wants to put another 10 feet on the top; you could go down and work in the desert this summer building that wall you want so much. Which side of the Rio Grande is the wall going to go on? I don't think Mexico will let you build it on their side, so you must be wanting to give away our access to the river, right? You know that the name 'Addison' doesn't translate well to Spanish, so if the Mexicans call you 'pendejo,' it's just their way of honoring you."

[oberliner]

7. Agreed

But technically do you think he had the right to wear the offensive shirt?

[gratuitous]

8. Sure he has the right

And his classmates have the same First Amendment rights to make his miserable life miserable.

[oberliner]

10. But did the asst. principal have the right to tell him to cover up the shirt?

[gratuitous]

22. That may have been overstepping his authority

I understand the assistant principal asked Addison to cover up and he did. Later in the day, Addison decided to shed the cover, and that's when he got sent home for an unexcused absence. After Addison decided to take his jacket off, I think the assistant principal should have called him into his office for a little chat: I thought you agreed to wear your jacket over the shirt, Addison. Why did you go back on your word?

[oberliner]

24. I believe the asst. principal is a female (name given is Amanda)

But otherwise I agree with your analysis.

[cynatnite]

19. Isn't that bullying?

That's not to say you can't strike up a conversation with the kid about his shirt, have a debate. But making his life miserable? He's a kid and it's possible his opinion could change with a discussion about it.

[cyclonefence]

13. I think this is the right way to approach it

The blossoming of offensive speech under Trump almost always goes unchallenged as to its content. To tell the kid that his shirt is offensive and to take it off really empowers its message. I'd like to have seen the teacher say, "I see you feel strongly about this issue. Why don't you step up front here and explain your position?" and then let other students debate him. I suspect he would have been taken down without infringing on anybody's rights and giving a chance to the other kids to strengthen their own hopefully more liberal views. Hell, it might even have made the kid question something.

I'm sick and tired (to coin a phrase) of this bullying and rude behavior not being challenged and explanations demanded. We don't have to hide the shit they want to wear on their t-shirts; we need to confront it. Don't let's make ourselves victims who are "offended" and have to have the offensive material removed from our sight.

[cynatnite]

21. I'm for this...

He should have to explain his shirt and why he supports it. He should have to listen to students who disagree or are even offended.

How else do kids learn about civil dialogue? They're the future and they could be the ones to change how we discuss and debate issues without the fiery and offensive rhetoric the RW uses so much.

[RhodeIslandOne]

17. I probably would have too as a teenager

But nowadays, with clearer mind, these pieces of shit have guns and are quick to use them.

[ProudLib72]

9. If all the other kids wear "Can't Build the Wall, Hands Too Small" t shirts

Then he will go home, get a gun, come back and shoot up the school. That's the trouble with these snowflakes.

[DemocratSinceBirth]

11. Just because you have a right doesn't it mean it's always prudent to exercise it.

This will only cause the student and the school grief.