Chandler v. McMinnville School Dist., 978 F.2d 524 (9th Cir. 1992)

Facts:

A group of teachers in McMinnville, Oregon, went on a lawful strike. The school district hired replacement teachers. Two students, whose fathers were striking teachers, wore buttons with the word "scab" on them. The students distributed similar buttons to their classmates.

School officials prohibited the students from wearing the buttons. The students sued, claiming a First Amendment violation. The lower court sided with the school district. The students then appealed.

Issue:

Whether a lower court erred in allowing school officials to prohibit students from wearing buttons without a showing of substantial disruption.

Holding:

In a 3-0 decision, a Ninth Circuit panel held that the students' wearing of the buttons could not be prohibited unless the school district could show a reasonable forecast of substantial disruption.

Reasoning:

Student speech is divided into three basic categories: (1) vulgar and plainly offensive speech; (2) school-sponsored speech; and (3) speech that falls into neither of the first two categories. The buttons in this case were not vulgar and they were not school-sponsored. Thus, the school district had to show that the buttons would cause a substantial disruption of school activities. "The passive expression of a viewpoint in the form of a button worn on one’s clothing is 'certainly not in the class of those activities which inherently distract students and break down the regimentation of the classroom.'" It thus falls within the Tinker standard.

Majority:

"The schoolroom prepares children for citizenship, and the proper exercise of the First Amendment is a hallmark of citizenship in our country." (Judge John Clifford Wallace)

Last updated: Thursday, September 2, 2010 | 11:00:35