Author Topic: Student Allowed to Wear T-Shirt  (Read 1725 times)

Colossus_500

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Student Allowed to Wear T-Shirt
« on: April 24, 2008, 12:35:09 PM »
7th Circuit Rules Unanimously in Favor of Student in Free Speech Case
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CHICAGO — The U.S. Court of Appeals for the 7th Circuit reversed a lower court’s ruling against an Illinois student Wednesday, saying the district court must order a Naperville high school to suspend its ban on a T-shirt that reads “Be Happy, Not Gay” while the student’s lawsuit proceeds. School officials prohibited student Alex Nuxoll, who is represented by Alliance Defense Fund attorneys, from wearing the clothing.

“Christian students shouldn’t be discriminated against for expressing their beliefs,” said ADF Senior Counsel Nate Kellum. “Public school officials cannot censor a message expressing one viewpoint on homosexual behavior and then at the same time allow messages that express another viewpoint. The court’s ruling is a victory for all students seeking to protect their First Amendment rights on a school campus.”

Nuxoll, a student at Neuqua Valley High School, desires to express his perspective at various times throughout the year, including the next school day after the “Day of Silence.” Other students at the school are permitted to wear shirts with messages supporting homosexual behavior as part of the “Day of Silence,” which is sponsored by the Gay, Lesbian, Straight Education Network. The 7th Circuit ruling prevents school officials from singling out Nuxoll’s message for censorship.

ADF attorneys appealed to the 7th Circuit after the U.S. District Court for the Northern District of Illinois, Eastern Division, refused to stop school officials from silencing Nuxoll while the lawsuit proceeds (www.telladf.org/news/story.aspx?cid=4349). ADF attorneys had originally filed the lawsuit on behalf of another student, Heidi Zamecnik.

In its opinion, the 7th Circuit stated that “people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life.” The court also said the school district does not appear to be justified in suppressing Nuxoll’s message on the grounds it might provoke “incidents of harassment.”

“It is highly speculative that allowing the plaintiff to wear a T-shirt that says ‘Be Happy, Not Gay’ would have even a slight tendency to provoke such incidents, or for that matter to poison the educational atmosphere,” the court wrote.

Dos Equis

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Re: Student Allowed to Wear T-Shirt
« Reply #1 on: April 24, 2008, 12:48:15 PM »
7th Circuit Rules Unanimously in Favor of Student in Free Speech Case
adf.org

CHICAGO — The U.S. Court of Appeals for the 7th Circuit reversed a lower court’s ruling against an Illinois student Wednesday, saying the district court must order a Naperville high school to suspend its ban on a T-shirt that reads “Be Happy, Not Gay” while the student’s lawsuit proceeds. School officials prohibited student Alex Nuxoll, who is represented by Alliance Defense Fund attorneys, from wearing the clothing.

“Christian students shouldn’t be discriminated against for expressing their beliefs,” said ADF Senior Counsel Nate Kellum. “Public school officials cannot censor a message expressing one viewpoint on homosexual behavior and then at the same time allow messages that express another viewpoint. The court’s ruling is a victory for all students seeking to protect their First Amendment rights on a school campus.”

Nuxoll, a student at Neuqua Valley High School, desires to express his perspective at various times throughout the year, including the next school day after the “Day of Silence.” Other students at the school are permitted to wear shirts with messages supporting homosexual behavior as part of the “Day of Silence,” which is sponsored by the Gay, Lesbian, Straight Education Network. The 7th Circuit ruling prevents school officials from singling out Nuxoll’s message for censorship.

ADF attorneys appealed to the 7th Circuit after the U.S. District Court for the Northern District of Illinois, Eastern Division, refused to stop school officials from silencing Nuxoll while the lawsuit proceeds (www.telladf.org/news/story.aspx?cid=4349). ADF attorneys had originally filed the lawsuit on behalf of another student, Heidi Zamecnik.

In its opinion, the 7th Circuit stated that “people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life.” The court also said the school district does not appear to be justified in suppressing Nuxoll’s message on the grounds it might provoke “incidents of harassment.”

“It is highly speculative that allowing the plaintiff to wear a T-shirt that says ‘Be Happy, Not Gay’ would have even a slight tendency to provoke such incidents, or for that matter to poison the educational atmosphere,” the court wrote.

Good decision.  Censorship loses again. 

24KT

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Re: Student Allowed to Wear T-Shirt
« Reply #2 on: April 24, 2008, 04:24:27 PM »
Suspending the student to begin with was utterly stupid.

This student has as much right to wear that shirt as someone wearing a shirt saying "Support Choice"
w

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Re: Student Allowed to Wear T-Shirt
« Reply #3 on: April 24, 2008, 04:48:23 PM »
Good decision.  Censorship loses again. 

you have said here that people who believe in UFOs shouldn't have the right to free speech.

Deedee

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Re: Student Allowed to Wear T-Shirt
« Reply #4 on: April 24, 2008, 05:26:10 PM »
A small step forward for freedom of speech... a giant leap backwards for some kid who should be studying instead, and will grow up to be a hate-spewing bee-atch. 

All children should express themselves to ensure their spiritual, creative growth as they reach adulthood. Wearing t-shirts that express who they are is an excellent start... Be Happy. Not Asian.  Be Happy. Not Black.  Be Happy. Not Hindu.  Be Happy. Not Austrian. Be Happy. Not Physically Disabled. Be Happy. Not Christian.

Dos Equis

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Re: Student Allowed to Wear T-Shirt
« Reply #5 on: April 24, 2008, 05:31:07 PM »
A small step forward for freedom of speech... a giant leap backwards for some kid who should be studying instead, and will grow up to be a hate-spewing bee-atch. 

All children should express themselves to ensure their spiritual, creative growth as they reach adulthood. Wearing t-shirts that express who they are is an excellent start... Be Happy. Not Asian.  Be Happy. Not Black.  Be Happy. Not Hindu.  Be Happy. Not Austrian. Be Happy. Not Physically Disabled. Be Happy. Not Christian.

What makes the kid hateful?

Do you have a problem with this:  students at the school are permitted to wear shirts with messages supporting homosexual behavior as part of the “Day of Silence,” which is sponsored by the Gay, Lesbian, Straight Education Network.

Deedee

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Re: Student Allowed to Wear T-Shirt
« Reply #6 on: April 24, 2008, 05:36:45 PM »
What makes the kid hateful?

Do you have a problem with this:  students at the school are permitted to wear shirts with messages supporting homosexual behavior as part of the “Day of Silence,” which is sponsored by the Gay, Lesbian, Straight Education Network.

Her parents' interpretation of her religion makes her hateful.

I think the other thing is pretty dumb too, so I guess it's a good thing then, that her parents are teaching her the eye for an eye schtick instead of loving others.  ;) The kid was offered the chance to wear a t-shirt that said  Be Happy. Be Straight. which at least is a positive expression of what she thinks, in the same way the gay kids have been offered a way to express themselves. But I guess some people prefer to make their statements in a more dramatic, attacking, hateful way. Right?

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Re: Student Allowed to Wear T-Shirt
« Reply #7 on: April 24, 2008, 05:47:24 PM »
lol... I get a kick out of how the rightwingers side against the person's free speech for the institution, organization or business if it's an anti-war or anti Bush thing but they're all down on censorship when it's a rightwing issue being expressed.  Even in some states, you can get pro-life license plates but you can't get pro-choice ones so that's all you see like everyone is pro life...  They'd probably come unglued if those plates were released.  You guys... LOL... ::)

Tre

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Re: Student Allowed to Wear T-Shirt
« Reply #8 on: April 24, 2008, 06:11:02 PM »

Back when I was in school, we had Blue Jeans Day.  If you supported 'gay rights', you were asked to wear Blue Jeans on that particular day. 

Genius.

Dos Equis

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Re: Student Allowed to Wear T-Shirt
« Reply #9 on: April 24, 2008, 06:28:55 PM »
Her parents' interpretation of her religion makes her hateful.

I think the other thing is pretty dumb too, so I guess it's a good thing then, that her parents are teaching her the eye for an eye schtick instead of loving others.  ;) The kid was offered the chance to wear a t-shirt that said  Be Happy. Be Straight. which at least is a positive expression of what she thinks, in the same way the gay kids have been offered a way to express themselves. But I guess some people prefer to make their statements in a more dramatic, attacking, hateful way. Right?

Where does this article talk about the parents' interpretation of her religion? 

What do you mean by "eye for an eye"?  This is a free speech/expression issue.  Doesn't involve any kind of punishment, etc. 

Nothing hateful about opposing a lifestyle choice. 

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Re: Student Allowed to Wear T-Shirt
« Reply #10 on: April 24, 2008, 06:44:03 PM »
Back when I was in school, we had Blue Jeans Day.  If you supported 'gay rights', you were asked to wear Blue Jeans on that particular day. 

Genius.

Tre, did you attend a private school?
The reason I ask is because when I was in highschool, blue jeans were fairly common attire,
...except for the fashionistas trying to land a husband.
w

Tre

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Re: Student Allowed to Wear T-Shirt
« Reply #11 on: April 24, 2008, 08:26:39 PM »
Tre, did you attend a private school?
The reason I ask is because when I was in highschool, blue jeans were fairly common attire,
...except for the fashionistas trying to land a husband.

100% public state university.

My matriculation coincided with the emergence of the political correctness movement, so I ended up being a part of most hate groups, by default.

Deedee

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Re: Student Allowed to Wear T-Shirt
« Reply #12 on: April 25, 2008, 06:46:33 AM »
Where does this article talk about the parents' interpretation of her religion? 

What do you mean by "eye for an eye"?  This is a free speech/expression issue.  Doesn't involve any kind of punishment, etc. 

Nothing hateful about opposing a lifestyle choice. 


Beach, when you're 14-years-old, your parents pretty much say where freedom of speech begins and ends.  :) I'm assuming her putting the most hurtful, attacking message available to her onto a t-shirt came with the parents' blessing. Encouragement more than likely. My mother was fairly religious, but she would have smacked me (figuratively) 16 ways from Tuesday for something like that. She would have made me focus on studying, and would've found that kind of behavior trashy.

But I agree with you totally. It's a freedom of speech issue, and if kids don't like the lifestyles of other people... gay, jewish, christian, whatever... they should definitely wear their thoughts to school and let everyone know. 

I was using eye for an eye in the revenge context. That seems to be the motive. Perhaps it's wrong, but I tend to think in abstract.

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Re: Student Allowed to Wear T-Shirt
« Reply #13 on: April 25, 2008, 07:32:57 AM »
I fail to see how the t-shirt expressing an opinion on lifestyle choice was "hateful". If I see a person wearing a t-shirt about a woman's right to choose is that hateful too? Maybe she hates innocent babies?  ???

I'm also curious about this kid's grade point average. I just want to know if he is not studying enough.  ;)

Deedee

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Re: Student Allowed to Wear T-Shirt
« Reply #14 on: April 25, 2008, 07:38:36 AM »
I fail to see how the t-shirt expressing an opinion on lifestyle choice was "hateful". If I see a person wearing a t-shirt about a woman's right to choose is that hateful too? Maybe she hates innocent babies?  ???

I'm also curious about this kid's grade point average. I just want to know if he is not studying enough.  ;)


It's attacking another group specifically, so that's hateful. It certainly isn't complimentary.

Your analogy doesn't work.  The t-shirt would have to say something like Be happy. Don't be a Christian anti-choicer. That's a better comparison because it singles out a group.

Probably if you were a jewish student and someone came to school wearing a t-shirt that said Be happy. Not Jewish, you wouldn't feel "good." Etcetera, blah blah.  But everyone should have a right to wear whatever t-shirt they want to school.

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Re: Student Allowed to Wear T-Shirt
« Reply #15 on: April 25, 2008, 07:43:12 AM »
It's attacking another group specifically, so that's hateful. It certainly isn't complimentary.

Your analogy doesn't work.  The t-shirt would have to say something like Be happy. Don't be a Christian anti-choicer. That's a better comparison because it singles out a group.

Probably if you were a jewish student and someone came to school wearing a t-shirt that said Be happy. Not Jewish, you wouldn't feel "good." Etcetera, blah blah.  But everyone should have a right to wear whatever t-shirt they want to school.

If a person truly respects free speech then they have to respect the opinion of others they don't agree with.

And it's not an "attack", Deedee. It's an opinion you don't agree with.


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Re: Student Allowed to Wear T-Shirt
« Reply #16 on: April 25, 2008, 07:52:06 AM »
If a person truly respects free speech then they have to respect the opinion of others they don't agree with.

And it's not an "attack", Deedee. It's an opinion you don't agree with.



Yes, I agree with you. Everyone should have the right to say what they want. 

As far as attacking goes... the student did have the choice to wear a t-shirt that said Be happy.  Be straight, but refused. The message wasn't strong enough.  So it wasn't a matter of just disapproving of someone else's lifestyle.  The point was to get the "strongest" wording available.  That goes under the heading of attacking to me.

Yes it's my opinion.  :)

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Re: Student Allowed to Wear T-Shirt
« Reply #17 on: April 25, 2008, 07:56:32 AM »
Yes, I agree with you. Everyone should have the right to say what they want. 

As far as attacking goes... the student did have the choice to wear a t-shirt that said Be happy.  Be straight, but refused. The message wasn't strong enough.  So it wasn't a matter of just disapproving of someone else's lifestyle.  The point was to get the "strongest" wording available.  That goes under the heading of attacking to me.

Yes it's my opinion.  :)

And you're entitled to it and I support your right to express it.  :)

Tre

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Re: Student Allowed to Wear T-Shirt
« Reply #18 on: April 25, 2008, 08:29:01 AM »

Being gay - for most people - is not a 'lifestyle choice'. 

I don't know that this t-shirt can be considered an 'attack' on gays any more than a 'Jews for Jesus' t-shirt would be an attack on mainstream Judaism. 

It's in a grey area, I suppose, but the t-shirt in question here does not cross the line by inciting hate or violence against any group.

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Re: Student Allowed to Wear T-Shirt
« Reply #19 on: April 25, 2008, 08:47:41 AM »
Agreed its a grey area...but still in poor taste.  I'm sure the parents aren't giving him the best teachings at home.  Its fine to have that opinion but not sure why they feel it necessary to publicly announce it on his chest.  Stupid if you ask me.  I think the school should have the right to force the student to remove the shirt.... without suspension though.

Dos Equis

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Re: Student Allowed to Wear T-Shirt
« Reply #20 on: April 25, 2008, 11:05:30 AM »
Beach, when you're 14-years-old, your parents pretty much say where freedom of speech begins and ends.  :) I'm assuming her putting the most hurtful, attacking message available to her onto a t-shirt came with the parents' blessing. Encouragement more than likely. My mother was fairly religious, but she would have smacked me (figuratively) 16 ways from Tuesday for something like that. She would have made me focus on studying, and would've found that kind of behavior trashy.

But I agree with you totally. It's a freedom of speech issue, and if kids don't like the lifestyles of other people... gay, jewish, christian, whatever... they should definitely wear their thoughts to school and let everyone know. 

I was using eye for an eye in the revenge context. That seems to be the motive. Perhaps it's wrong, but I tend to think in abstract.

I would never let my kids wear a shirt like that, but the ones who do aren't expressing hatred IMO.  No different than wearing an anti-tobacco shirt, or a shirt opposing any other lifestyle choice. 

You appear to be saying that opposing the lifestyle means you hate people.  Is that what you believe?  I don't.