I. Whether Lawndale High School (“LDHS”) and Principal Li’s action of sending Daria home for violating the dress code is a constitutionally permissible limitation on an individual’s First Amendment right of free speech.
II. Whether Lawndale High School and Principal Li’s action of sending Trent home for violating the dress code is a constitutionally permissible limitation on an individual’s First Amendment right of free speech.
STATEMENT OF THE CASE
LDHS has a dress code policy that prohibits students from wearing clothing “with inappropriate writing or graphic depictions that offend anyone or distract from or disrupt the educational experience of other students” under penalty of suspension. On December 15, 2016, in honor …show more content…
First, the policy does not violate the Tinker standard, because the school’s action was caused by something more than mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Further, both Daria and Trent’s T-shirts caused disruptions at school.
Second, Tinker is not the only standard that can be used to basis the constitutionality of the school’s actions. Daria’s use of the school-issued iPad affords the school wider latitude in controlling the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns. Thus, there does not necessarily need to be a disruption in order for the school to act.
Third, Daria’s depiction of Trump is obscene and graphical.The image is offensive and disruptive as it depicts Trump with partial nudity and fecal matter on him. Thus, in clear violation of the school policy and allowing Daria to be sent …show more content…
Schools may take steps to safeguard students from speech that can reasonably be regarded as encouraging illegal drug use. This is contrary to the school’s mission to educate students about the dangers of illegal drugs and to discourage their use. Thus, the school was within their right’s to send Trent