The family was contacted and advised that wearing the shirt was not contrary to the school dress code policy and the student will be permitted to wear the shirt. The student and family received an apology and assurance that training will be provided to staff so an incident like this does not occur again.
It was their bad. Last night, I read Eugene Volokh’s discussion of this little incident and how it was unconstitutional. They’ve lost the lawsuit before she got out of class that day. Hey, they even violated California law.
But this policy (which does indeed ban all depiction of, among other things, “violence” and “weapons”) is unconstitutional, even under the relaxed First Amendment standards applicable in government-run K-12 schools. As Newsom ex rel. Newsom v. Albemarle County School Bd. (4th Cir. 2003) held in a very similar case. And it’s also illegal under California’s Leonard Law, a state statute that provides high school students with even broader protection than does the First Amendment.
October 4th, 2013 at 12:02 pm
The school district has said “Oops, our bad’.
The family was contacted and advised that wearing the shirt was not contrary to the school dress code policy and the student will be permitted to wear the shirt. The student and family received an apology and assurance that training will be provided to staff so an incident like this does not occur again.
October 4th, 2013 at 12:31 pm
It was their bad. Last night, I read Eugene Volokh’s discussion of this little incident and how it was unconstitutional. They’ve lost the lawsuit before she got out of class that day. Hey, they even violated California law.
October 4th, 2013 at 2:15 pm
“See you in court” is the best and appropriate response to that sort of thing.
Getting them to start thinking, from the start, about how such a demand will end, is the best way to nip it in the bud.
Eventually they might even learn not to do it in the first place… one can dream, at least.
October 4th, 2013 at 4:26 pm
Am I sensing some common sense in Kalifornia schools? I’m sure this will soon pass.
October 5th, 2013 at 1:23 pm
It does promote violence. Any visual reference to the NRA enrages liberals, and when liberals are enraged, violence has a tendency to follow.