Melton v. Young, 465 F.2d 1332 (6th Cir. 1972)

Facts:

A high school in Chattanooga, Tennessee prohibited the use of the Confederate flag and discontinued the playing of Dixie as the school pep song because of racial tensions. The school dress code also prohibited the wearing of "provocative symbols on clothing." The board of education specifically designated the Confederate flag as such a provocative symbol.

When a high school student was suspended for wearing a jacket with an emblem of the Confederate flag, he sued, claiming a violation of his First Amendment rights. A district court determined that the school’s dress code policy was unconstitutionally vague but still upheld the suspension as valid. The student appealed.

Issue:

Whether school officials could suspend a student for wearing Confederate flag clothing to school when racial tensions existed at the school the previous year.

Holding:

By a 2-1 vote, a panel of the Sixth Circuit held that the school could reasonably forecast that the wearing of Confederate flag clothing would cause a substantial disruption at the school.

Reasoning:

The school could reasonably forecast substantial disruption because of the history of recent racial tension at the school. Racial tensions had led to a fight at a football game and had led school officials to close school on two occasions the previous school year. Because of the "tense racial situation," the school officials were justified in suspending the student for wearing Confederate flag clothing.

Majority:

"This is a troubling case; on the one hand we are faced with the exercise of the fundamental constitutional right to freedom of speech, and on the other with the oft conflicting, but equally important, need to maintain decorum in our public schools so that the learning process may be carried out in an orderly manner." (Judge Damon Keith)

Dissent:

The lower court ruled that the school dress code policy prohibiting "provocative symbols" was unconstitutional. If that policy is unconstitutional, "it cannot be validly applied" to the student in this case. (Judge William E. Miller)

Last updated: Wednesday, September 8, 2010 | 22:34:32