The Five Freedoms Project

You Be The Judge

Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.

October 2009

Student Speech & School Dress Codes

A middle school student sued his school board to challenge its decision to suspend him for wearing a shirt to school that said "Drugs Suck!" The student argued that the shirt conveyed an important "anti-drug message" and did not disrupt the school environment. The school countered that the shirt was inappropriate because the word ‘suck' has a vulgar connotation.

Can a public school prevent a student from wearing a t-shirt that says “Drugs Suck”?

Vote Now!

  • 31%
    A. YES
    Teachers and administrators must have the authority to do what they reasonably believe is in the best interest of their educational responsibilities, School officials should also protect young students from exposure to vulgar and offensive language.
  • 28%
    B. YES
    Students do not have the right to free expression in public schools.
  • 41%
    C. NO
    Unless school authorities can forecast substantial disruption of or material interference with school activities, they cannot censor political statements of students, especially those that carry an anti-drug message.

  • Correct!

    This was the argument of the school officials, and in the 1992 case of Broussard v. Norfolk, the federal district court in Virginia agreed, basing its decision on a broad application of the Fraser standard (1986), which states that school officials who have a compelling "interest in teaching students the boundaries of socially appropriate behavior . . . can censor student speech that is vulgar or indecent, even if it does not cause a ‘material or substantial disruption.'"

  • Incorrect

    The U.S. Supreme Court has recognized on multiple occasions that students, within certain limits, have First Amendment rights while on school property. Those rights are not, absolute, however, and courts generally balance the rights of the individual with the responsibility of the school to maintain a safe and productive learning environment.

  • Incorrect

    This was the argument of the student, and was based on the Supreme Court’s Tinker decision (1969), which states that school officials must reasonably forecast, based on evidence and not on an "undifferentiated fear or apprehension of disturbance," that censored student expression would lead to either (a) a substantial disruption of the school environment, or (b) an invasion of the rights of others. However, the federal district court cited the Fraser decision, which directly curtailed the reach of Tinker.

Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinion.

DO YOU AGREE WITH THE COURT’S DECISION? WHY OR WHY NOT?

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WHAT DO YOU THINK OF THE COURT'S DECISION?

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