Judge Upholds Illinois School's Ban on 'Be Happy, Not Gay' Shirt

[Amused]

Judge Upholds Illinois School's Ban on 'Be Happy, Not Gay' Shirt
Wednesday, April 18, 2007

AP- CHICAGO ? Two Neuqua Valley High School students won't be able to wear T-shirts saying "Be Happy, Not Gay," to school on Thursday following a judge's ruling.

U.S. District Judge William T. Hart ruled in favor of the high school Tuesday in a preliminary injunction that would have allowed the students to wear the shirts the day after Wednesday's National Day of Silence.

On the Day of Silence, students can refrain from speaking as an effort to protest discrimination against homosexuals.

The Arizona-based Alliance Defense Fund is representing Heidi Zamecnik of Naperville and Alexander Nuxoll of Bolingbrook in a lawsuit that claims Zamecnik's rights were violated last year when she wasn't allowed to wear the shirt in school.

The Alliance Defense Fund, a conservative Christian litigation group, will appeal the judge's decision on the preliminary injunction to the 7th Circuit Court of Appeals, attorney Jonathan Scruggs said. The lawsuit is still pending.

Scruggs said the school is violating the students' rights to free speech by banning the shirt.

"The school cannot silence speech merely because some people find it offensive," Scruggs said. "We believe that's the core of what the First Amendment protects."

Jack Canna, an attorney for Indian Prairie Unit School District 204, said banning the shirt is part of a policy "to preserve the notion that kids shouldn't make negative or derogatory comments about other students."

Messages left by The Associated Press with the Indian Prairie Unit School District 204 and Neuqua Valley High School were not immediately returned Wednesday morning.

 

[K1052]

Haha, that HS is only a few blocks from my brother's house.

I disagree with the court ruling. They should be allowed to wear the shirts. This will probably be eventually decided in the students favor.

 

[thecoolnessrune]

Isn't saying "Don't be gay" just like saying "No Abortions" etc? I don't really care either way, just picking at points. Thick skin FTW. Even if I was gay I wouldn't really care if someone wore a shirt saying don't be gay. After all, this thread will soon be filled with religious bashing, should I be offended and get a court ruling? Nah, because I dont really care what other people think. I'm happy with my religion and myself, others are free to float and sputter as they please.

Carry on.

 

[MercenaryForHire]

Unfortunately, the language of the shirt implying "Don't be gay" is probably going to get slated as "Hate Speech."

If the shirt said something like "I can be Happy without being Gay" it would probably go over better.

And funnier.

- M4H

 

[Thraxen]

We couldn't even wear shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

[edit] Stupid spelling typo.

 

[GoPackGo]

Originally posted by: Thraxen
We couldn't even were shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

Facism FTL!

 

[MercenaryForHire]

Originally posted by: GoPackGo

Originally posted by: Thraxen
We couldn't even were shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

Facism FTL!

Including the girls?

I don't think I would have gotten any work done in the summer months. :Q

- M4H

 

[Thraxen]

Originally posted by: GoPackGo
Facism FTL!

I guess that makes many/most jobs fascist as well. Really, it wasn't that bad.

 

[K1052]

Originally posted by: MercenaryForHire

Originally posted by: GoPackGo

Originally posted by: Thraxen
We couldn't even were shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

Facism FTL!

Including the girls?

I don't think I would have gotten any work done in the summer months. :Q

- M4H

The other guys at my Catholic high school sure enjoyed the...ah...benefits of a dress code (think skirts and a building with a lot of stairs).

 

[Amused]

Originally posted by: GoPackGo

Originally posted by: Thraxen
We couldn't even were shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

Facism FTL!

How is this any different from a dress code at work?

Are any rules "fascism?" Or just ones you don't like?

 

[mugs]

Originally posted by: GoPackGo

Originally posted by: Thraxen
We couldn't even were shirts with slogans at my HS. Hell, by the time I graduated we couldn't even wear T-shirts period. Pretty much takes care of all this non-sense.

Facism FTL!

I'm glad that some schools expect students to dress like they're working in an office and not on a construction site.

 

[Turin39789]

Schools have historically won a lot of cases regarding what their students are and are not allowed to wear.

 

[skace]

Wow, these kids are guaranteed to be a bunch of fvckups considering they decided to wear these shirts right after the national day of silence. Whether or not it offends you doesn't really matter as it doesn't belong in a learning atmosphere.

 

[MercenaryForHire]

Originally posted by: K1052
The other guys at my Catholic high school sure enjoyed the...ah...benefits of a dress code (think skirts and a building with a lot of stairs).

Mmm, Catholic schoolgirl outfits ...

- M4H

 

[Amused]

Originally posted by: MercenaryForHire

Originally posted by: K1052
The other guys at my Catholic high school sure enjoyed the...ah...benefits of a dress code (think skirts and a building with a lot of stairs).

Mmm, Catholic schoolgirl outfits ...

- M4H

I drive by a Catholic School every day when I go to the gym. Their skirts are so high you can almost see their butt cheeks. Nothing like feeling like a dirty old man...

 

[clamum]

While I don't agree with their retarded shirts, I guess it's their right to be dumbasses if they want.

 

[Amused]

Originally posted by: clamum
While I don't agree with their retarded shirts, I guess it's their right to be dumbasses if they want.

So the school has no power to uphold a dress code?

 

[K1052]

Originally posted by: Amused

Originally posted by: clamum
While I don't agree with their retarded shirts, I guess it's their right to be dumbasses if they want.

So the school has no power to uphold a dress code?

While agree that the school has such power (and should) they need to make more general restrictions to avoid these kind of issues popping up. (i.e. no shirt with slogans of any kind)

 

[Amused]

Originally posted by: K1052

Originally posted by: Amused

Originally posted by: clamum
While I don't agree with their retarded shirts, I guess it's their right to be dumbasses if they want.

So the school has no power to uphold a dress code?

While agree that the school has such power (and should) they need to make more general restrictions to avoid these kind of issues popping up. (i.e. no shirt with slogans of any kind)

Good point. But it's sad that a rule about no disruptive slogans can't be enforced.

 

[yowolabi]

Originally posted by: K1052
Haha, that HS is only a few blocks from my brother's house.

I disagree with the court ruling. They should be allowed to wear the shirts. This will probably be eventually decided in the students favor.

The students will lose later just like they lost now. Free speech does not exist in school, that precedent has been long set. Schools ban all types of clothing because they find it inappropiate for a school setting. The school gets to determine the rules on what messages they ban, not the students or a lawyer.

On a side not, the students are asshats. Who hires a lawyer to fight for their "right" to insult a group of their fellow schoolmates. Their parents also fail for allowing this.

 

[yllus]

I gotta go with the school on this one. Their priority is to provide for a distraction-free learning environment, not a free speech utopia. The students can parade around in their t-shirts on the sidewalk outside if they wish.

 

[moshquerade]

The judge did the right thing by upholding the ban.

 

[K1052]

Originally posted by: yowolabi

Originally posted by: K1052
Haha, that HS is only a few blocks from my brother's house.

I disagree with the court ruling. They should be allowed to wear the shirts. This will probably be eventually decided in the students favor.

The students will lose later just like they lost now. Free speech does not exist in school, that precedent has been long set. Schools ban all types of clothing because they find it inappropiate for a school setting. The school gets to determine the rules on what messages they ban, not the students or a lawyer.

On a side not, the students are asshats. Who hires a lawyer to fight for their "right" to insult a group of their fellow schoolmates. Their parents also fail for allowing this.

I seem to recall a similar issue where students were wearing pro-2nd amendment t-shirts and the courts eventually found in their favor.

I support the students rights to wear the shirts in the absence of a more general dress code restriction.

 

[yowolabi]

Originally posted by: K1052

Originally posted by: yowolabi

Originally posted by: K1052
Haha, that HS is only a few blocks from my brother's house.

I disagree with the court ruling. They should be allowed to wear the shirts. This will probably be eventually decided in the students favor.

The students will lose later just like they lost now. Free speech does not exist in school, that precedent has been long set. Schools ban all types of clothing because they find it inappropiate for a school setting. The school gets to determine the rules on what messages they ban, not the students or a lawyer.

On a side not, the students are asshats. Who hires a lawyer to fight for their "right" to insult a group of their fellow schoolmates. Their parents also fail for allowing this.

I seem to recall a similar issue where students were wearing pro-2nd amendment t-shirts and the courts eventually found in their favor.

I support the students rights to wear the shirts in the absence of a more general dress code restriction.

I never heard of that specific case, but i can find dozens of cases where the schools right to restrict dress was upheld. I'm sure the difference probably comes down to if the school has a rule in place that's being violated. While i doubt there was a rule in place against supporting the constitution, I can guarantee the school district has some rule against "hate speech" on clothing.

Here's one link of a similar situation

Another

 

[K1052]

Originally posted by: yowolabi

Originally posted by: K1052

Originally posted by: yowolabi

Originally posted by: K1052
Haha, that HS is only a few blocks from my brother's house.

I disagree with the court ruling. They should be allowed to wear the shirts. This will probably be eventually decided in the students favor.

The students will lose later just like they lost now. Free speech does not exist in school, that precedent has been long set. Schools ban all types of clothing because they find it inappropiate for a school setting. The school gets to determine the rules on what messages they ban, not the students or a lawyer.

On a side not, the students are asshats. Who hires a lawyer to fight for their "right" to insult a group of their fellow schoolmates. Their parents also fail for allowing this.

I seem to recall a similar issue where students were wearing pro-2nd amendment t-shirts and the courts eventually found in their favor.

I support the students rights to wear the shirts in the absence of a more general dress code restriction.

I never heard of that specific case, but i can find dozens of cases where the schools right to restrict dress was upheld. I'm sure the difference probably comes down to if the school has a rule in place that's being violated. While i doubt there was a rule in place against supporting the constitution, I can guarantee the school district has some rule against "hate speech" on clothing.

I am not debating the school's right to enforce a dress code, I fully support it in fact. My issue is the vagueness of what is acceptable in the way of slogans/messages on clothing and how it basically comes down to a judgment call on the part of the school admins. They left a big gray area that is now biting them in the ass.