New York Federal Judge Says School Can’t Bar Student from Wearing a Pro-Life Shirt

Thomas More Law Center ^ | January 11, 2006

[Coleus]

Ann Arbor, MI — A high school principal’s decision prohibiting a student from wearing his pro-life shirt in school has been overturned by a federal district court. Judge Elfvin of the Western District of New York signed a permanent injunction ordering Fillmore Central High School located in Fillmore, New York to allow the student to wear his pro-life shirt to school. The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represented the student. Richard Thompson, Chief Counsel of the Thomas More Law Center, stated: “This student courageously took a stand for his views and our constitution. The ruling is clear--public schools don’t have the right to silence the pro-life speech of students.”

The student’s shirt is distributed by the American Life League’s Rock for Life group and displayed the following message: “Abortion is Homicide. You will not silence my message. You will not mock my God. You will stop killing my generation. Rock for Life.” Fillmore Principal Kyle Faulkner told the student that he could not wear his shirt in school. The student was sent home for the day when he respectfully replied that he had a right to wear the shirt. The student then contacted the Thomas More Law Center.

The Law Center attempted to amicably resolve the dispute by sending a letter to school officials explaining that students have a First Amendment right to peacefully express their views at school. The United States Supreme Court has ruled that students do not shed their First Amendment rights at the schoolhouse gate. However, after school officials refused to acknowledge the student’s right to free speech, the Thomas More Law Center filed a lawsuit against his school for forcing him to remove his pro-life shirt and barring his free-speech rights.

The Thomas More Law Center was assisted by Chris Ferrara, of the American Catholic Lawyers Association, who acted as local counsel.

On September 6th, Judge Elfvin issued a preliminary injunction ruling that the student’s First Amendment rights had been violated, and ordered the school to allow him to wear his pro-life shirt to school until the lawsuit was resolved.

This past December, Judge Elfvin permanently ordered the school to allow the student to wear clothing in school that expresses his pro-life message. The judge also ordered the school district to pay the student nominal damages. The judge awarded a total of $24,600 in attorneys’ fees to the two law firms.

Julie Shotzbarger, Trial Counsel with the Thomas More Law Center, who handled the case, commented, “Students at Fillmore were allowed to wear all manner of shirts, including rock band shirts depicting bloody skulls, and shirts promoting sex, yet this public school singled out our client to silence his peaceful pro-life message.”

[spinestein]

[IMHO students shouldn't be allowed to wear bumper sticker type clothing that distracts others from learning.]



The Supreme Court already covers this by saying that the rights of public school students to wear messages or "speech" on their clothing is limited to that which is not a disruption to the learning process.

If one wants to say that any and all "bumper sticker" messages are a distraction (which I don't) then one must necessarily endorse a policy of mandatory uniforms.

Here's a link to the Supreme Court ruling of Tinker v. De Moines (1969)
http://www.landmarkcases.org/tinker/home.html

[SauronOfMordor]

IMHO students shouldn't be allowed to wear bumper sticker type clothing that distracts others from learning. Save it for after school. - tom

The point of the court was that the school allowed other kids to wear clothing with "messages" on them. Therefore picking on this student for the particular content of his message was unconstitutional

[appleharvey]

Sounds like you've raised your daughter right. Congratulations.

[Capt. Tom]

The point of the court was that the school allowed other kids to wear clothing with "messages" on them. Therefore picking on this student for the particular content of his message was unconstitutional

I agree with the legal decision.

It would never have been a problem if the school didn't allow bumper sticker T shirts to be worn in school. It just causes chaos, and is not conducive to learning IMHO. - Tom

[Cicero]

I think schools should be allowed to have dress codes. If they want to outlaw t-shirts or all political slogans, that's fine. But if one set of slogans are allowed, then others should be allowed, within reasonable limits such as no pornography.

Too many schools outlaw religion and conservatism but allow everything else. They shouldn't be allowed to pick and choose arbitrarily.

[vrwc0915]

ping for later

[Irish_Thatcherite]

There wouldn't have been any trouble if it was a pro-infantcide T-shirt!

[RobbyS]

Unfortunately, opposition to Pro-life statements is based on the commitment of educationists to the other camp. One hears about teacher unions but nothing about administrative associations and school board associations that are in the camp of the "culture of death."

[jocon307]

This is good news, but I must say that all these conflicts could be avoided if students were made to wear uniforms.

[RushLake]

One of the greatest things about the Thomas More Law Center is that its address is Ann Arbor, Michigan. AA is the home of the People's University of Michigan which is home to the racist BAMN (By Any Means Necessary) a primarily africanhyphenamerican organization dedicated to violently fighting the Michigan Civil Rights Initiative designed to end affirmative action in many public institutions. U of M has also thrown Coca Cola off campus because some prissy little girl and girly boy students have accused Coke of environmental misdeeds and the spineless wimps that run UM have gone along with them.

[RushLake]

And not just for the ACLU and its sycophants.

[Huck]

Just a thought, but you would probably have been less harrassed had you dressed like something other than a Skynyard deadhead. Like maybe a normal human being.

When I went to high school, "normal" kids wore pink izods with the collars turned up. I don't regret the choices I made one bit. But if for you conformity in the face of adversity (appeasement, really) works, go for it. For me, being strong and being true to myself rates much higher, and I'm willing to take some crap for it.

[Huck]

Well, maybe things aren't as bad as I'm led to believe then.

[Coleus]

This is good news, but I must say that all these conflicts could be avoided if students were made to wear uniforms. >>

you're right on that point. the problem is that with the schools currently with no uniforms, abuses against conservatives and the pro-life movement occur frequently while the other side can do what ever it pleases.

[Coleus]

I doubt I'd have made it. >>>

ah, you could have told them you were a democrat and nothing would have happened. Just like slick Willie while, as governor, celebrated confederate flag day every year.

[Huck]

Well that's true. Hell you can be a former KKK leader as long as you toe the line. But then, toeing the line has never been one of my strong suits.

[Capt. Tom]

If one wants to say that any and all "bumper sticker" messages are a distraction (which I don't) then one must necessarily endorse a policy of mandatory uniforms

I would go along with Justice Black's dissenting opinion. - tom

snipped to here-. There is also evidence that a teacher of mathematics had his lesson period practically "wrecked" chiefly by disputes with Mary Beth Tinker, who wore her armband for her "demonstration." Even a casual reading of the record shows that this armband did divert students' minds from their regular lessons. . . .

. . . It is a myth to say that any person has a constitutional right to say what he pleases, where he pleases, and when he pleases. . . .

. . . I wish, therefore, wholly to disclaim any purpose on my part to hold that the Federal Constitution compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students. . . .

[festus]

Tell me that liberals aren't in charge of our schools.

They are in charge but they don't know it. Most don't really think of themselves as liberal. In their view of life they are middle of the road moderates.

[Tabi Katz]

I'm not quite sure how a pro-life message (or any other political message) distracts other students from learning. If they don't like it, they don't have to associate with the kid. In this case, I've gotta say good on the courts.

[Tabi Katz]

Jo, you know I love ya kiddo but I've gotta disagree here. Since conflict is a part of life, I don't see it as something that must be avoided in the schools at the cost of free speech.