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Old 09-22-2011, 06:34 PM
 
32,516 posts, read 37,314,528 times
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Quote:
Originally Posted by NicoleJ View Post
Wow. So apparently the ACLU has contacted the school to let them know they can't legally take the kid's support banana man shirts.
Good. I would think Banana Man shirts would be protected by the 1st Amendment and the rights of the students to freedom of speech.
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Old 09-22-2011, 06:56 PM
 
Location: Denver 'burbs
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Wow. Back in the day they'd be happy he at least had SOMETHING on while dashing across a football field.
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Old 09-22-2011, 07:36 PM
 
Location: In a house
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Quote:
Originally Posted by DewDropInn View Post
Good. I would think Banana Man shirts would be protected by the 1st Amendment and the rights of the students to freedom of speech.
Depends on the school policy. Some schools don't allow -any- tee-shirts with messages or images printed on them. If that's a policy already in place, then wearing the banana shirt would be a violation, and subject to the policy-mandated discipline.

However - if they didn't already have that as part of their dress code policy, then the students not only don't have to take them off, but it would be against the health code to take them off. And - regardless of the "function" of womens' breasts, it would also be sexual harrassment for a principal to require a woman to take off her shirt, no matter what was written on it. If the principal is demanding only that the males take them off, but not the females, then it would still be sexual harrassment - against the males.

Lots of "civil liberties" you can bandy around on this one. If I was the media I'd have a field day.
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Old 09-22-2011, 07:40 PM
 
Location: Liberal Coast
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Quote:
Originally Posted by DewDropInn View Post
Good. I would think Banana Man shirts would be protected by the 1st Amendment and the rights of the students to freedom of speech.
Lots of "rights" of students are waived at school. Shoot, some California schools will make you take off a shirt with a picture of an American flag on it.
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Old 09-22-2011, 07:41 PM
 
Location: MMU->ABE->ATL->ASH
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Our school makes them turn them inside out, if that does not 'hide' it, then they get a loaner T shirt (from other old events or from lost/found).
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Old 09-22-2011, 08:10 PM
 
Location: Victoria TX
42,410 posts, read 87,284,112 times
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Nothing wrong with kids learning in school that they are going to grow up in a police state, where people with authority can be depended upon, sooner or later, to abuse their power (why else would anybody want power?), and there is little you can do besides learn to keep your head down so it doesn't get shot off, or else become a bully yourself.
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Old 09-22-2011, 08:26 PM
 
32,516 posts, read 37,314,528 times
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Tinker vs. Des Moines Independent Community School District. 1969.

I can remember when this was argued. It was major news in the era of Vietnam protests. Oh, yeah. ACLU going to be all over this one.
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Old 09-22-2011, 08:38 PM
 
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I am going to be the single voice of dissension here apparently.

About 5 years ago my brothers high school football team was in our conference playoff, which was a big deal because we hadn't been in years. Anyway similar instance with kids running along the side line in a winnie the pooh costume (with a cast, I still don't get the cast). Long story short, because the kid was getting chased and wouldn't stop our team (the home team) was ultimately made to forfeit for delaying the game. My brother is still vaguely bitter about it some 8 years later.

So while I do think the school over-reacted initially, I also get why the child got in trouble. Now it is snowballing into something ridiculous. I really think people should pick their battles.
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Old 09-22-2011, 08:43 PM
 
32,516 posts, read 37,314,528 times
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Quote:
Originally Posted by lkb0714 View Post
Now it is snowballing into something ridiculous. I really think people should pick their battles.
I, especially as a football fan, appreciate your brother's feelings. But this is beyond a kid in a costume. It's about the students' rights to wear that particular t-shirt and voice their opinion. (Ever see "Field of Dreams"? Right now I feel like Amy Madigan at the parents meeting in the gym.)

And freedom of speech is a hill I'm most definitely willing to battle for.

Last edited by DewDropInn; 09-22-2011 at 08:55 PM..
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Old 09-23-2011, 04:45 AM
 
16,824 posts, read 17,811,706 times
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Quote:
Originally Posted by DewDropInn View Post
I, especially as a football fan, appreciate your brother's feelings. But this is beyond a kid in a costume. It's about the students' rights to wear that particular t-shirt and voice their opinion. (Ever see "Field of Dreams"? Right now I feel like Amy Madigan at the parents meeting in the gym.)

And freedom of speech is a hill I'm most definitely willing to battle for.
The students are not going to win. Schools are absolutely allowed to include in dress codes restrictions against anything "distracting" in regards to t-shirts etc. The can easily claim and prove to some degree that the tshirts are distracting from the educational process.

Additionally, very few suits regarding dress code "freedom of speech" go forward, because the law favors protecting the learning environment of the larger group over the freedom of expression (not really speech here) of the few.
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