Federal court rules students’ pro-gun shirts are protected by First Amendmenthttps://www.thecollegefix.com/federal-court-rules-students-pro-gun-shirts-are-protected-by-first-amendment/The Supreme Court has long protected student speech on public school grounds as long as it doesn’t “materially and substantially interfere†with the school’s operation.
Officials in two Wisconsin school districts came up with a novel way around the Tinker precedent: redefine what counts as “speech.â€
A federal judge swatted down this move in a consolidated case brought by students whose gun-themed clothing was banned on school grounds. Officials claimed the clothing “fail[ed] to convey a particularized message,†so it wasn’t constitutionally protected.
“Not only did Plaintiffs intend to convey a clear message in wearing their shirts, it also seems clear that school authorities understood the message Plaintiffs were intending to convey, at least to the extent their message included an appreciation for the right to own firearms,†U.S. District Judge William Griesbach wrote in a short ruling earlier this month.
The two schools may yet be able to prove they were “justified in prohibiting Plaintiffs from conveying their messages in the manner and place chosen by them,†he concluded. But they are wrong that “the shirts lack constitutional protection†as a threshold matter.
If I understand the ruling, it would force the school to prove the shirts “materially and substantially interfered†with the school’s operation.
