Trump Elephant as Free Speech
From Judge Roy B. Dalton Jr.’s opinion in Maxwell v. School Dist. of Volusia County, handed down Oct. 23 but just posted on Westlaw; seems quite correct to me:
Plaintiff Tyler Maxwell … is … an eighteen-year-old senior at Spruce Creek High School … in Port Orange, Florida. To park in the lot adjacent to the School, Tyler paid $55 for a School parking decal. On September 14, 2020, he drove his pickup truck to School, but this time with a new passenger in the truck bed—a red, white, and blue elephant statue with “TRUMP” emblazoned on its side.
The school forbade this, arguing that:
School Board Policy 805 “reasonably regulates political activities in time, place, and manner of use while on School Board property” so the prohibition of Tyler’s elephant does not violate Tyler’s constitutional rights. Policy 805 prohibits “political posters, signs, banners, or any other writing which promotes a political issue, cause, position, or candidate” that is “permanently posted in or on school board property.” The School concluded, Tyler’s “political activity … occurred on school grounds, during school hours, and appears to give the imprimatur of public endorsement of partisan political positions or a particular candidate” in violation o
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