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Plainsman1963

Court: Student's rights violated in T-shirt censorship
08-30-06 | WCAX.Com

MONTPELIER, Vt. -- A public school's censorship of images on a student's politically charged T-shirt violated the student's right to free speech, the U.S. Second Circuit Court of Appeals ruled Wednesday.

The three-judge panel overturned a federal court ruling that said the Williamstown middle school had authority to ban pictures of drugs and alcohol on the shirt that was critical of President Bush.

Principal Kathleen Morris-Kortz had said the images, including cocaine and a martini glass, violated the school's dress code policy that prohibits clothing that promotes the use of drugs or alcohol.

But the appeals court disagreed.

"We conclude that defendants' censorship of the images on (Zachary) Guiles's T-shirt violated his free speech rights," the court ruled.

"The pictures are an important part of the political message that Guiles wished to convey, accentuating the anti-drug (and anti-Bush) message," the court said.

The court also said the defendants' position was flawed because they believed the images were contrary to the school's goal of having an anti-drug school environment.

"Defendants principally declare that all images of illegal drugs and alcohol -- even images expressing an anti-drug view, such as those on Guiles's T-Shirt -- are plainly offensive because they undermine the school's anti-drug message. We do not find this argument persuasive," the court said.

"We observe in passing that the witness offered did not point to any specific evidence showing that anti-drug and alcohol images are harmful or lead to the use (or increased abuse) of such substances by high school students," the judges said.

The shirt called the president a lying drunk driver who abused cocaine and marijuana, and labeled Bush the "chicken-hawk-in-chief" who was engaged in a "world domination tour."

Guiles, a seventh grader, was suspended for one day in May of 2004 when he refused to cover up the pictures of drugs and alcohol after a student and parent had complained about the shirt. He had been wearing the shirt once a week for two months. The following day he wore the shirt with duct tape over the images.

The American Civil Liberties Union of Vermont, which brought the case for the Guiles family, said the judges' ruling made clear that the school overstepped its authority when it censored the T-shirt.

"The court's decision is a strong statement for student free-speech rights," said Executive Director Allen Gilbert.

Guiles, now 15, said he was pleased with the outcome. "I think this is a very good sign that even with the current administration and the way the country is going there can still be a justice that allows free speech."

School attorney Tony Lamb and the school principal did not immediately return phone calls seeking comment.

 

TehUberGeeK

Think this is the shirt.

replica

I want the shirt

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sleep please

Moderation is a smoker's best friend

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Plainsman1963

I'm impressed the 7th grader had the balls.

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Buzzby

There's one available on eBay (small): http://chawk.notlong.com

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chad1229

The shirts will probably be on cafepress by tomorrow morning...

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