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

3. Confederate Flag Banned (March 6, 2000)

In this newspaper article, Pennsylvania students react to banning Confederate flag 

images from school grounds.

YORK, Pa.—Students are divided over the use of the Confederate flag now banned at a York high school, some seeing the emblem as a symbol of heritage and regional pride and others seeing it as an offensive symbol of racist groups.

"It's a part of America's history," said Sarah Ryder, 14 ... "It's a symbol of the heritage for a lot of people."

"It kind of symbolizes slavery, though," said her friend, Barbara Schindo, 15. "Even though it used to stand for the South, today it's used by hate groups and that's what it stands for."

Central York High School banned the symbol last week after a student defied school policy and requests from the administration to leave his Confederate flag paraphernalia at home. School officials said arguments between those supporting the flag and those offended by it were disrupting education.

Central Assistant Superintendent Gretchen McFarland said the school was not trying to take a stand in the 

controversy over the banner, but just trying to keep peace."The discussion about the flag is not what we want to be involved in," McFarland said. "It needs to take place but it's larger than the school. The school needs to be about the business of education."

...

"It was disruptive to the educational environment. We decided to nip it in the bud," she said.

from "Pennsylvania students sound off about Confederate flag" Associated Press