School Thinks its Dress Code Trumps the Constitution

Posted on October 5, 2007

We read:

“A Texas high school sophomore’s parents might sue after the school booted the student from campus for wearing a John Edwards for 2008 president T-shirt. Pete Palmer, a sophomore at Waxahachie High School, says he didnâ€™t think he was doing anything wrong wearing the political shirt to school.

But according to the Waxahachie Independent School District dress code, students can’t wear shirts with political slogans. â€œT-shirts, other than WISD clubs, organizations, sports, or spirit t-shirts, college or university t-shirts or solid-colored t-shirts, are prohibited,” according to the policy.

Palmer’s parents argue the policy is inhibiting free speech. â€œItâ€™s a First Amendment constitutional right that people have fought and died for and I donâ€™t know why he should give it up just because Waxahachie thinks it would be okay or neat for him to do so,â€ Paul Palmer said.

Source

SCOTUS has held that schools can limit speech only if it is disruptive to learning. An Edwards shirt that his Mommy no doubt told him to wear might cause laughter but not much else

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Comments

2 Responses to “School Thinks its Dress Code Trumps the Constitution”

kerwin on October 5th, 2007 10:58 pm

What does a Texas High School have to do with the U.S. Constitution? The Last I knew their rule making body was not even called “Congress”. The anti-discrimination laws of Texas may apply though.
Rhymes With Right on October 6th, 2007 10:36 am

I’m inclined to disagree — given that the school dress code is content neutral and does allow for other methods of expressing that same sentiment within the dress code.

He could wear a polo shirt with an Edwards logo on it. he could wear an Edwards button. He could slap an Edwards bumper sticker on his backpack.

To argue otherwise would require that the kid be allowed to carry a picket sign around the school despite other generally applicable rules that would prohibit such conduct.

My guess — the kid loses in court.