Boroff v. Van Wert City Board of Education, 240 F.3d 465 (2000)
In a case similar to Fraser, a student was sent home twice for wearing a Marilyn Manson t-shirt with a three-faced Jesus on the back. The t-shirt also referenced biblical statements that were deemed inappropriate and disruptive to the learning environment. The court found that the school had the right to impose action for words or phrases that were considered vulgar and offensive. Just as with the Fraser case, the ethical significance is that students do not have the right to wear articles of clothing that depict messages or images in an offensive, public manner.
Lower Court Cases
Canady v. Bossier Parish School Board, 240 F.3d 437 (2001)
To reduce disciplinary action and improve the…show more content… After referring the student to a counselor, the student was suspended for the potential of a significant disruption. The issue with this controversial case was that the student wrote the poem from a first-person basis and the words did not present any physical harm or threat to other students. The Ninth Circuit Court ruled in favor of the school district because the writing presented the likelihood or potential that a suicide could occur, which could have had a devastating and psychological impact on the school community.
Melton v. Young, 465 F.2d 1332 (1972)
A high school in Chattanooga, Tennessee suspended a student for wearing a jacket that depicted a Confederate flag. The school had already banded the flag prior to the student’s suspension, for fear of racial backlash. In a slim one-vote margin, the court upheld the school’s decision, solely for the possibility that racial retaliation could ensue. The student’s parents did appeal the decision, but the court deemed that this was not a violation of the student’s freedom of speech or expression.
First Amendment: Relation to Current School