Tinker Standard in Action; Confederate Flag Controversy

1. U.S. Court of Appeals Case (March 20, 2003)  

Judges from the Eleventh Circuit Appeals Court consider the appeal of two Florida students disciplined for displaying a Confederate flag symbol at school.

Plaintiffs Franklin Jay Scott, Jr. and Nicholas Thomas ... then both Santa Fe High School students, filed a ... 1983 lawsuit against defendant School Board of Alachua County ... alleging that the discipline imposed by Principal Lamar Simmons—school suspensions—for their displaying of a Confederate flag on school premises, after previously being told not to do so, violated their First Amendment right to symbolic speech ...

Plaintiffs ... argue that their school suspensions were based on an inadequate showing of a material and substantial disruption and thus violated the Court's decision in Tinker v. Des Moines ..

After careful review ... we affirm the decision of the district court, holding that Principal Simmons' unwritten ban of Confederate flags on school grounds was not an unconstitutional restriction of the plaintiffs' First Amendment rights. As such, there is no actionable ... claim in this case ...

Prior to setting forth the applicable portions of the district court's well-reasoned opinion, we note that this First Amendment freedom of expression case stands against the unique backdrop of a public school. Although public school students' First Amendment rights are not forfeited at the school door, those rights should not interfere with a school administrator's professional observation that certain expressions have led to, and therefore could lead to, an unhealthy and potentially unsafe learning environment for the children they serve. Short of a constitutional violation based on a school administrator's unsubstantiated infringement on a student's speech or other expressions, this Court will not interfere with the administration of a school.

from U.S. Eleventh Circuit Court of Appeals, Scott et al v. School Board of Alachua County

This student, Byron Thomas, was requested by the University of South Carolina Beaufort to take down the Confederate flag he had hanging in his dorm room. Stating that he saw the flag as a symbol of Southern pride, Thomas was deeply criticized after posting a video on a CNN run website. http://www.foxnews.com/us/2011/12/01/student-sparks-debate-with-dorm-room-confederate-flag/

2. ACLU Challenges School Censorship (2001)

In this news article, community and school officials react to a federal lawsuit in Georgia 

that challenges school policies against displaying the Confederate flag. 

ALBANY, Ga. (AP)—An American Civil Liberties Union suit charges that school officials violated the constitutional rights of nine students by requiring them to reverse their Confederate T-shirts or face disciplinary action. 

... 

"Basically, the Supreme Court has said time and again that kids have a right to express themselves freely in 

school unless it causes a disruption," Gerry Weber, the Georgia ACLU's legal director, said Tuesday. "These Tshirts are mostly about hunting and fishing and they just happen to have the Confederate flag in the background. They have worn them to school for years." 

Georgia has had a rash of Confederate T-shirt clashes since the Legislature's sudden move in January to change the state flag, which had been dominated by the Confederate battle emblem since 1956 ... 

Many blacks say the Confederate flag is offensive, but flag supporters say it is a symbol of Southern pride. 

Educators have banned the symbols to prevent racial violence. Children wearing Confederate symbols also have been punished in Louisiana, Kentucky, North Carolina and Virginia. 

Larry Bryant, superintendent of Seminole County schools, said no one has been punished in the district for 

wearing Confederate T-shirts. 

"All we've done is ask them to cover it up or turn it inside out," he said. "In a world where violence in school is all too common, it is important that students be taught respect and civility for each other. Wearing inflammatory symbols does not promote this respect and tolerance." 

...

The suit contends Seminole County's school dress code is an unacceptable restriction on free expression. 

"It's my position that the school board doesn't have the authority to stifle freedom of speech, freedom of 

association and freedom of expression," said Donalsonville attorney William Shingler, whose son, William Jr., is one of the plaintiffs. "Those are all First Amendment rights." 

from "ACLU challenges school censorship of Confederate T-shirts" Associated Press

Tinker Standard

• Precedent set by the Tinker v. Demoines
• Defined students' rights to symbolic speech.
• Has nothing to do with Tinkerbell.

How does it affect schools today?

• Personal Experience: Having gone to a "normal" high school (not online) from preschool through middle school, I personally felt that my right to free speech was violated a number of times. An obedient student not looking to rebel against authority, even I felt uncomfortably restricted often.

The Controversy

• Fortunately, all humans have free will. With the opportunity to think differently than others, people develop their own opinions on controversial topics. In America, these differences are embraced and protected by the First Amendment. 
• However, disagreements between people often result in peace disturbing fights. For example, Eric might be proud of his affiliation in a gang and tattoo the gang's name on his arm.  Derrick, who is in an opposing gang sees the tattoo, follows Eric home from school and stabs him. Parents and students want to feel that schools are a safe place. The only way schools can do this is to limit students' free speech a bit.
• Lets look back at the example of Eric and Derrick. This time, let's scale down the gravity of this situation  by rewinding to when they were in elementary school. The two boys are on different soccer teams. One day, Eric wears his soccer jersey to school. Having recently lost a game to Eric's team, Derrick becomes upset and beats Eric up while at recess. What is the school to do? Ban kids who wear soccer jerseys? Where do you draw the line, and who is to decide? There is only so much a school can do in this situation. 

The Complications

• Power hungry teachers. As with people with any form of authority, some teachers feel the need to abuse their powers. 
• Rebellious students. Many young people feel the need to push the boundaries of their freedom of speech saying hateful or inappropriate things.

Tinker v. Des Moines

http://room9ushistory.blogspot.com/2011/01/tinker-v-des-moines.html

• 1965: Mary Beth Tinker, John Tinker, and Chirstopher Eckhart, along with other students of a Des Moines Iowa high school began wearing black armbands in protest of the Vietnam war. Fearing that this would ensue fights between students with different positions on the war and disrupt their studies, the school board voted to ban the armbands, suspending students who disobeyed. 

• 1966: Stating that the school violated the students' right to Free Speech from the First Amendment, The parents of the Tinkers and of Christopher Eckhart filed a complaint in a U.S. District Court. 

• 1967: The court was divided but ended up siding with the school. Tinker v. Des Moines 1965

• 1968: Students' lawyers appealed the case to the U.S. Supreme Court, argued on November 12th

• 1969: A decision was reached on February 24th. Ruling that the armbands were a form of symbolic free speech, only 2 of the 9 justices had dissenting opinions. Tinker v. Des Moines 1969