School District Bans All “Political Speech” on Student T-Shirts
The Mifflin County (Pa.) School District policy reads:
Starting Monday October 5, 2020, no masks, articles of clothing or other items may be worn or otherwise brought to Mifflin County School District property, which contain political speech or symbolize a particular political viewpoint, including but not limited to confederate flags and swastikas, as well as BLM logos or phrases associated with that movement.
This action is being taken due to complaints that have been received about such items and how those items have disrupted the education of students within the Mifflin County School District.
Morgan Earnest, a 10th-grade student, is suing over the policy, which was applied to her for wearing a pro-Trump mask and T-shirt; here’s the shirt:
I think she’s likely to win:
[1.] Under Tinker v. Des Moines Indep. School Dist. (1969), the government generally can’t restrict student speech unless there is specific reason to believe that the speech is likely to be substantially disruptive. (It also has extra power to restrict lewd or vulgar speech in schools, as well as pro-drug speech, but those exceptions don’t apply here.) The policy may be justified by a concern about dis
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