High School Trump Fan Sues Over School Discipline for Border Wall T-Shirt
"If people are offended by his shirt—that's their right to be offended," said the student's attorney, state Rep. Mike McLane. "But it's also his right to have his opinion."
"If people are offended by his shirt—that's their right to be offended," Mike McLane, the student's attorney, told local newscasters. "But it's also his right to have his opinion, as well. The constitutional line isn't who's offended. The constitutional line is there a specific and clear disturbance being created by the expression of the student's political speech." And in this case, said McLane—who also serves as a state representative and the House Republican leader—there was no disturbance except for the one instigated by school officials.
Barnes wore the offending shirt to his politics class on a day they were scheduled to discuss immigration. According to the suit, the assistant principal told Barnes that his shirt—which reads "Donald J. Trump Border Wall Construction Co.," followed by "The Wall Just Got 10 Feet Taller" (a quote from Trump's primary debate days)—was offensive to the teacher of the class and to at least one student.
She told him cover up the shirt if he wanted to return to class, which he did. But once back in class, Barnes again unveiled the t-shirt—this time prompting a visit from the school's security guard, who took him to the assistant principal's office. She allegedly threatened Barnes with suspension if he did not cover up his t-shirt. When he still wouldn't comply, she issued a suspension and sent him home.
In his suit against the Hillsboro School District and Liberty High School, Barnes accuses officials of "suppression of a student's political speech based on other students' and teachers' alleged discomfort with the ideas and message" that the speech conveyed.
Barnes "engaged in a respectful, silent, and peaceful expression of his political views by wearing a t-shirt supporting the immigration and homeland security policies of President Donald J. Trump to school," the suit says. Making him cover the shirt or face disciplinary action "was unconstitutional," since "the First Amendment protects students' right to speak on political or societal issues—including the right to express what school officials may consider unpopular or controversial opinions, or viewpoints that might make other students uncomfortable."
The school district has said that it will not comment on the pending case, which was assigned this week to Magistrate Judge John V. Acosta of the U.S. District Court in Portland. The next case deadlines are set for the fall.
Question:
In 50 words or more decide who should win this case in court. Use the First Amendment in your argument.
With something like this its sort of a grey area depending on the person and what they are wearing. In this case the shirt was obviously made as a joke, I believe that in the context of a joke that shirt had nothing wrong with it. It's not like it said something horribly gross or explicit. Like the lawyer said "It is their right to be offended, but its also his right to have an opinion". The shirt had no malicious intent nor any hate speech on it so it's fine in my books. The kid should win the case.
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Addison should win this case because he has the ability of freedom of speech. is shirt should have nothing to do with school, school is a place for education and they shouldn't care abut his shirt, he is able to believe what we wants, and should be able t wear he wants weather is defend people or not. The school is basically violating his right of freedom of speech, which is unhealthy.
ReplyDeleteI think that, although the people at the school had the right to feel offended, Addison Barnes has the right to wear whatever shirt he wants. If the school didn't have any rules concerning dress code before the incident then Barnes should be able to express his opinions.
ReplyDeleteThe student should be allowed to wear the shirt because he is not trying to intentionally offend people. He is expressing his ability to think and speak freely. Students should obviously not be allowed to wear attire that includes drugs, violence, profanity, etc., but having different views in politics should not be punishable.
ReplyDelete- Aditya Patel
Barnes should win the case in court because the First Amendment allows him to wear it and students and teachers do not have the right to punish him for it. Although most schools ban the wearing of inappropriate clothing, the school didn't specify this ban and only punished him for it being offensive. The First Amendment allows him to wear the shirt to express his views, therefore the school is wrong for punishing him. - Alina
ReplyDeleteI feel that it is the students right to wear the shirt. If he feels comfortable in it and he really believes in his shirt there is no reason he should not be allowed to wear it. Of course, some are going to be offended because of what the shirt says and maybe it is not a good statement but you can not just ban something because you do not like it. It is his first amendment right to be able to wear it, as freedom of speech.No one can tell him whether or not is opinion is right or wrong.I do not think that offending people is enough to get a shirt banned.
ReplyDeleteAddison should win this case because it violates his second amendment rights. The teacher was offended by it but that doesn't give a reason for Addison to not be allowed to wear the shirt that he wants. He was just expressing his own political views and should be allowed to. You can't ban someone from wearing something just because a few people are offended by it.
ReplyDelete- Annie Dymarczyk
i feel we should be able to wear whatever shirt we want to express ourselves and how we feel if they do not let us do that they are violating our first amendment.
ReplyDeleteAddison Barnes should win this case because he was having his first amendment rights violated by being forced to cover up his shirt. ALthough the teacher and students who were offended have the right to be offended, Barnes has the right to wear the shirt and voice his opinion. If the school wins this case then it will be seen by others as a violation of the first amendment and there is no statement anywhere saying that the student could not have worn that shirt to his school in the first place.
ReplyDeleteBarnes should win this court case because it's his right to express what he believes in. It would only be a problem, if he was forcing others to believe in what he believes in, but this isn't the case. He is peacefully and calmly showing his view, with others trying to stop and suppress his right to express his own views.
ReplyDeleteI do not think it was constitutional for the school to suspend the student for wearing that t-shirt. Barnes should win the case. Mike Mclane states, "the First Amendment protects students' right to speak on political or societal issues—including the right to express what school officials may consider unpopular or controversial opinions, or viewpoints that might make other students uncomfortable." (Mclane). I agree with this statement because the student was not causing anyone harm or had anything directly hateful on his shirt. It is his right to wear a shirt like that and his rights are protected in the First Amendment for the school.
ReplyDelete-Amber Dayton
Addison Barnes should win this case because it his first amendment right to wear and say anything he wants. It is not a teachers right to tell his or her what they should choose and what they shouldn't. If he wants Trump, he can wear whatever he wants. It is also not a teacher's right to punish a student for wearing a shirt that the teacher does not believe in.
ReplyDelete-Alec DiVito
I agree with the student who chose to wear a Trump shirt to school. Although some people can be offended by this shirt, the student has the right to voice his opinion. Due to the First Amendment that protects students' rights to speak on political or societal issues, this student should be allowed to wear his Trump shirt as his political decision.
ReplyDeleteAddison should win this case because he has freedom of speech. He was only wearing a political shirt, not saying anything rude about this topic. The school was trying to violate his rights while he wasn't doing anything wrong. -Matt P
ReplyDeletewell in my opinion the boy shouldnt win the case because of the clear view of him mocking immigrants with a shirt that offends people. He will go to court and say it was freedom of speech or whatever and most likely win because TrUmP iS oUr PrEsIdEnT. More and more of these people are coming out of their hole and having the support of the government. How dare he mock immigrants with a Quote from TrUmP about making the wall seperating mexico and America, bigger.
ReplyDeleteI think that the student should have turned the shirt inside out.. There was no reason for him to be suspended unless he refused to do so. I can see how the shirt may offend people because it infers that mexicans can no longer jump over the wall because of the saying on his shirt "the walls 10 feet taller".
ReplyDeleteThe student should win this court case. He was exercising his freedom of speech by peacefully supporting trump by wearing a t shirt in support of him. The administrators of the school discriminated him for his political views and silenced his political views by making him remove the shirt and removing him from the school, a violation of freedom of speech.
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ReplyDeleteI do not personally think he should have been in trouble for the shirt because he did not do anything wrong. The shirt was obviously not meant to offend anyone. So i think the teacher at the school should analyze the situation and look at the context of the writing on the shirt before getting all angry at him and calling security.
I believe that the school should win the court case because they had the right to kindly ask Barnes to cover up his shirt. I believe that if Barnes had worn a different shirt saying just Donald Trump because it would show that he supports him,but not a specific reason why he supported him. It would have been a different problem. If he had worn a different Trump shirt then he first amendment would allow him to express who he supports. But since he wore a specific quote that stated to build the wall then it was offensive to the teacher and a student. - Maura
ReplyDeletei think that if he was being insubordinate and was refusing to change his shirt knowing the consiquenses then he should have been suspended but if everyone is free to wear what ever they want in the school they should not single out a person who believes in his president
ReplyDeleteI believe Barnes should win the case because he has a right to express his opinions, peacefully by wearing a shirt. Its also the teacher and other student's right to be offended by it, but disciplinary action cannot be used against him because he is peacefully expressing his opinion.
ReplyDeleteI believe that Addison should have won the case because it's his constitutional right to express freedom of speech about political or societal issues. Also it's just a peaceful harmful t shirt. It's not like he had a sign that said something worse and was screaming about it. -Ryan Brockett
ReplyDeletethink that if he was being insubordinate and was refusing to change his shirt knowing the consequences then he should have been suspended but if everyone is free to wear whatever they want in the school they should not single out a person who believes in his president. i also believe there was two different point of view that can be made he could have been supporting his president or he could have been trying to discriminate against Mexicans
ReplyDeleteI think he shouldn't be allowed to wear that shirt in school to a political class. It may be offensive to other students, but they can't control what offends them and what doesn't. It also might make people mad because of the topic they were talking about. Faith Murray
ReplyDeleteThis case is simple. The school acted very pathetic and unconstitutional. This student has the right to express himself no matter what the shirt says. The first amendment allows anybody living in the United State Of America to express their opinions and their religion, freedom of the press, and freedom of practice. This kid should win the case.
ReplyDeleteCarmela Cortese- I believe that this student from the school should have the right to express his feelings towards trump. If he feels that he wants to wear a shirt that has to do with the president should be up to him because in the first amendment he has the right to free speech meaning he is allowed to wear what he feels and not something he is not because other people are defended by his clothing. Also, if he is using this shirt as a threat to other people then he should not wear it in school, but if he is just wearing it to show how he feels about trump and the viewpoint of the ability to wear something that feels comfortable to their own person.
ReplyDeleteThe student is allowed to hi own opinion because that's is his first amendment. Students may get offended by it but that is their opinion on why they don't like him
ReplyDeleteThe student Barnes has the right to wear whatever . It's his own opinion and no one should violate him. No one can tell him no one to do, no discipline because he has his own mind set in what he believes
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ReplyDeleteSam Dellacamera:I think he shouldn't wear the shirt at all because it seems very offensive.He thinks Immigrants should be kept out of America. Why would he think that?!
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ReplyDeleteThe student should be able to wear the shirt because he's expressing his political views while. It's apart of his first amendment right to express which political party he's' aligned with and the decisions he supports.
ReplyDeletei feel that the student should win the case because it is his right to wear what he wants as an American citizen. people are going to get offended by almost everything they disagree with so why stop how a person feels to please the others around them. i also agree with the point that the students shirt is part of freedom of speech and the right to peacefully publicly protest.
ReplyDeleteThis Student wasn't disrupting the overall quality of the educational system and was just expressing himself quietly, he should have the right to do it. seeeems fairrrr
ReplyDeleteIt's his right to wear that shirt it's freedom of speech.
ReplyDeleteI believe the student should be able to wear the shirt freely without the school expressing any of their opinions without being offended. He has the right to wear to wear the shirt, the school discriminated his political view
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