The decision is a disappointing setback for student speech rights, and may have particularly negative ramifications for student journalists asking hard questions. Both professors refused to answer and called the police. That ruling leaves journalists, who sometimes must do confrontational interviews with uncooperative sources, at grave risk of retaliation.
May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation? Factual Background Poway High School has had a history of conflict among its students over issues of sexual orientation.
One such confrontation required the Principal to separate students physically. According to David LeMaster, a teacher at Poway, several students were suspended as a result of these conflicts.
When Harper arrived at the front office, he met Assistant Principal Antrim. Harper asked two times to be suspended. Harper was not suspended, no disciplinary record was placed in his file, and he received full attendance credit for the day. On June 2,Harper filed a lawsuit in district court against Poway Unified School District and certain named individuals in their individual and official capacities.
Harper alleged five federal causes of action — violations of his right to free speech, his right to free exercise of religion, the Establishment Clause, the Equal Protection Clause, and the Due Process Clause — and one state law claim.
Freedom of Speech Claim Public schools are places where impressionable young persons spend much of their time while growing up. They do so in order to receive what society hopes will be a fair and full education — an education without which they will almost certainly fail in later life, likely sooner rather than later.
During the time they do — from first grade through twelfth — students are discovering what and who they are. Often, they are insecure. Generally, they are vulnerable to cruel, inhuman, and prejudiced treatment by others.
The courts have construed the First Amendment as applied to public schools in a manner that attempts to strike a balance between the free speech rights of students and the special need to maintain a safe, secure and effective learning environment.
This court has expressly recognized the need for such balance: So too may other speech capable of causing psychological injury. Public school students who may be injured by verbal assaults on the basis of a core identifying characteristic such as race, religion, or sexual orientation, have a right to be free from such attacks while on school campuses.
The demeaning of young gay and lesbian students in a school environment is detrimental not only to their psychological health and well-being, but also to their educational development.
Another study confirmed that gay students had difficulty concentrating in school and feared for their safety as a result of peer harassment, and that verbal abuse led some gay students to skip school and others to drop out altogether.
Indeed, gay teens suffer a school dropout rate over three times the national average. Those who administer our public educational institutions need not tolerate verbal assaults that may destroy the self-esteem of our most vulnerable teenagers and interfere with their educational development.
It is simply not a novel concept, however, that such attacks on young minority students can be harmful to their self-esteem and to their ability to learn. As long ago as in Brown v. The dissent takes comfort in the fact that there is a political disagreement regarding homosexuality in this country.
Such disagreements may justify social or political debate, but they do not justify students in high schools or elementary schools assaulting their fellow students with demeaning statements: Perhaps our dissenting colleague believes that one can condemn homosexuality without condemning homosexuals.
If so, he is wrong. To say that homosexuality is shameful is to say, necessarily, that gays and lesbians are shameful.
There are numerous locations and opportunities available to those who wish to advance such an argument. It is not necessary to do so by directly condemning, to their faces, young students trying to obtain a fair and full education in our public schools.
The First Amendment does not justify students launching such injurious and harmful personal attacks in either location. What we hold in this opinion is a far cry from what the dissent suggests. Different circumstances require different results. We consider here only whether schools may prohibit the wearing of T-shirts on high school campuses and in high school classes that flaunt demeaning slogans, phrases or aphorisms relating to a core characteristic of particularly vulnerable students and that may cause them significant injury.
We do not believe that the schools are forbidden to regulate such conduct. The First Amendment does not require that young students be subjected to such a destructive and humiliating experience.In , Tyler Chase Harper was a sophomore at Poway High School (PHS), a public school in Poway, California.
(3) That year, PHS allowed the school's Gay-Straight Alliance to hold a "Day of Silence" designed to "teach tolerance of others, particularly those of a different sexual orientation.". Facts: Tyler Chase Harper, a high school sophomore, was sent to the principal’s office for violating the dress code.
He was wearing a T-shirt which contained statements that .
Poway Unified School District F.3d U.S. Court of Appeals for the Ninth Circuit. April 20, Facts: Tyler Chase Harper, a high school sophomore, spent a class day in the principle’s office for wearing a T-shirt which contained disparaging statements about the homosexual community.
LOS ANGELES, June 3, (leslutinsduphoenix.com) - A federal civil rights lawsuit filed today charges that the Poway Unified School District violated the constitutional rights of a student and. ex) Tyler Chase Harper v Poway Unified School District fourth amendment deals with protecting people from the searching of their homes and private property without properly executed search warrants.
Feb 27, · In the review case Tyler chase Harper V. Poway Unified school: 2/3/ what are the florida laws regarding any type of harassment: 2/3/ I am a 62 year old male working for a large school district: 2/17/ I have been to civil court 3 times already and have a Feb 2/17/