Boroff v. Van Wert City Board of Education, 240 F.3d 465 (6th Cir. 2000)

Facts:

A high school student wore a t-shirt to school bearing the name of the shock rocker Marilyn Manson. The shirt depicted a three-faced Jesus, bearing the words "See No Truth. Hear No Truth. Speak No Truth." On the back, the shirt contained the word "BELIEVE" with the letters "LIE" highlighted.

A school official told the student that the T-shirt violated the school’s dress code policy, which prohibited "clothing with offensive illustrations." The school official ordered the student to either turn the shirt inside out or leave school. The student left and returned the next day with another Marilyn Manson t-shirt. He was again sent home. The student sued, claiming a violation of his First Amendment rights. A federal district court dismissed the suit. The student appealed to the Sixth U.S. Circuit Court of Appeals.

Issue:

Whether school officials can prohibit a student from wearing t-shirts with offensive messages.

Holding:

In a 2-1 vote, a Sixth Circuit panel ruled that school officials may prohibit students from wearing clothing that is vulgar or offensive.

Reasoning:

The majority quoted the U.S. Supreme Court’s decision in Fraser: "It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse." In addition, the court ruled that the school could prohibit student clothing which is "patently contrary to the school’s educational mission."

Majority:

"The standard for reviewing the suppression of vulgar or plainly offensive speech is governed by Fraser." (Judge Harry W. Wellford)

Dissent:

The dissenting judge argued that school officials cannot forbid students from wearing t-shirts simply because they disagree with the shirt’s message. "In sum, the Supreme Court's First Amendment jurisprudence prohibits school officials from telling a student that he cannot wear a particular T-shirt simply because they perceive that the T-shirt is communicating a message with which they disagree." (Judge Ronald Lee Gilman)

Last updated: Monday, September 6, 2010 | 13:18:09