Students Kicked Off Campus for Wearing American Flag Tees

[TheMercenary]

Here is a great example.

Here’s the answer no administrator likes to hear: It depends.

If school officials can reasonably forecast that wearing the Confederate flag will lead to a substantial disruption of the school environment, then they can probably ban it.

For example, a 2000 decision out of the 10th U.S. Circuit Court of Appeals upheld the suspension of a middle school student for drawing a picture of a Confederate flag. Why? Because the school district could point to past incidents of racial tension and violence as evidence that the flag would likely cause substantial disruption. The school’s policy didn’t target the Confederate symbol, but banned all “racially divisive” materials.

But a 2001 decision out of the 6th Circuit went the other way, finding that the school district banning the flag had failed to show that the flag would cause significant problems for the school. Moreover, the school policy appeared not to apply evenhandedly to other racially divisive symbols.

The “substantial disruption” test used in these cases comes from a 1969 U.S. Supreme Court decision, Tinker v. Des Moines Independent School District. In Tinker, students were suspended from school for wearing black armbands to protest the Vietnam War. Ruling in favor of the students, the Court declared that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.”

http://www.firstamendmentcenter.org/....aspx?id=13464

Sorry it does not support your giving rights to to Illegals, suspected Terrorists, and Enemy Combatants but not to students who are completely legal.