Student with banned Trump shirt to get apology, $25,000 from school district

May 30, 2018 ...

oregonlive

Barnes' lawyers said the message on the shirt wasn't the point of the case. High school students have the right to express their political views, they said. "We brought the case to police the thought police,'' attorney Brad Benbrook said.

The principal's letter was brief, apologized for Barnes' initial suspension and wished him well in the future, they said. "As an educational institution," the statement said, "Hillsboro School District and each of our schools supports, encourages, and celebrates free speech and reasoned debate. We also have a responsibility to ensure that each of our students feels welcome and safe in our schools so they can effectively learn. This was an instance where we were challenged to do both simultaneously and the decision landed on the side of ensuring student safety. Moving forward, we will continue to use professional discretion to meet both objectives and will actively seek ways to turn sensitive situations into learning opportunities."

This is a non-apology apology...

It seems to be the way that some people issue "apologies" these days.

Yeah.  It's the "Sorry we did this and got caught; but we'll do it again in a heartbeat!" apology.

But U.S. District Judge Michael W. Mosman found the school district couldn't justify its censorship. The judge said he balanced constitutionally protected speech with the orderly running of a school. The school district is entitled to be concerned about the response of other students to the T-shirt, the judge said. But the "thin" court record offered little support for the district's argument that the shirt could "substantially disrupt'' the school, he said.

Don't you just live it when liberal shitbag attitudes come back and bite them in the ass. 

Sadly, the apology is nothing more than lip service and the $25,000 will probably come from the school budget screwing even more kids and teachers over.

the $25,000 will probably come from the school budget screwing even more kids and teachers over.

Addison was on Fox this morning. He didn't say where the compensation came from but did say that the settlement will go toward paying lawyer/legal fees.  

Nice. You all are just making schools write dress codes.

Nice. You all are just making schools write dress codes.

As most school districts have had for many years, this school district has a dress code. It was the left-wing bigotry of the students/teachers/administrators that caused the problem. Look it up for yourself if you wish.

It is actually the Liberal support of illegal immigration by the Portland Metro area and Governor Kate Brown that lead to this issue.  The only reason someone found this shirt offensive was due to a possible illegal immigrant seeing the shirt, not any violation of the dress code.  There have been several protests at the ICE facility in Sherwood calling for the elimination of ICE and for open borders with Mexico.  It is insane that people are willing to allow anyone to come onto our property without any consequence, but refuse to acknowledge the potential dangers inherit in those attitudes and stances along with the resulting anarchy to our political and economic systems.

Odd sense of what is bigotry there.

What they will start doing is not allow any clothing with messages on them.

 The only reason someone found this shirt offensive was due to a possible illegal immigrant seeing the shirt, not any violation of the dress code.

The percentage of "offended" people was negligible - 1 teacher and a couple of students out of a school population of over 1550 students and 64 teachers. The Hispanic student body is approximately 30% of the school's demographic - it's not clear if the Hispanics are legal or illegal immigrants.

publicschoolreview

The topic of the scheduled class discussion on the day Addison wore the shirt was immigration. Addison said that the teacher had a pro-illegal immigration poster in the classroom, many students discussed pro-illegal immigration issues at school, and nobody was ever censored. But, it seems that a handful of people were "triggered" when a Conservative exercised his First Amendment rights and he was initially denied his rights.

This is the SC ruling.

High School:

Tinker v. Des Moines Independent School District (1969) :   The First Amendment applies to students on school property unless officials can demonstrate a reason to restrict it.

• • Situation: Two students wore black armbands to school in December 1965 to silently protest the Vietnam War. School officials said the expression would disrupt the school.

• • The Supreme Court said:

1. Constitutional rights extend to students, even when they're on public-school property.

First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this court for almost 50 years.

"The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, to hairstyle, or deportment. It does not concern aggressive, disruptive action or even group demonstrations. Our problem involves direct, primary First Amendment rights akin to 'pure speech.'"

1. Public school officials must justify attempts to suppress or punish speech. They cannot stop or punish speech solely because they find it offensive. But, they can regulate speech when they show that the expression would cause a "substantial disruption of or material interference with school activities."

"Undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression."  
 
Justification must be "more than a mere desire to avoid discomfort and unpleasantness that always accompany an unpopular viewpoint."

media.okstate

The case you cited supports why Addison Barnes won his case. Thanks.

No kidding. I could actually care less what kind of shirts people wear.

My point was what they will probably end up doing, which is ban all clothing with any messages.

In the ruling they had no beef, and did not rule on clothing type bans.

Let them ban clothing with messages. Just as long as it's applied equally and fairly.

I don't understand why school districts now have pages upon pages of dress code instructions. It used to be so simple in my time.

Boys:  No jeans. Shirt tucked in.

Girls: Dress/jumper/skirt hems must reach top of knee cap (IOW, no mini-skirts). No bra straps showing.

Interesting that nobody ever got "triggered" by words or a photo, and nobody filed lawsuits.

Perhaps because parents used to monitor what their kids wore closer?

They most definitely did.

Girls: Dress/jumper/skirt hems must reach top of knee cap

Yep, remember that sexism.  I was really happy when they 'allowed' girls to wear pants at school.  I was in Jr High I think,  although the high school I went to was very causal.  Hip huggers, lots of skin, we wore pretty much what we wanted to, and that was back in the day. 

Sometimes I think there is this nostalgia for a time that only exists in imaginations.   Its the same every generation.  Parents were just as bad and good as they are today.

Yep, remember that sexism. 

There's nothing sexist about males and females dressing appropriately, even today. 

I know that my mother did.  I was into rodeo in high school and absolutely hated wearing dresses or skirts.  My mother set the dress rules, but on Fridays, I was allowed to wear what I wanted.

It’s ironic that a school named “Liberty High School” has to be sued to force it to recognize a citizen’s right to free speech. Liberal fascists are proving every day that they pose an actual threat to both liberty and national sanity. I’m glad this student stood up to them. 

I, actually, thought his shirt was funny not offensive.  But, then again, I am pro-wall.

Are you prepared for Trump shutting down the government to get the funding because that is exactly what he has stated he will do.

Yes, I am.  It will be good for the country as a whole and really only hurt government workers in the short term.  Less government interference is always good for the country.  The sad part was when Obama shut down the government then tried to get it to actually hurt which was completely political.  Do you remember that?

The sad part was when Obama shut down the government then tried to get it to actually hurt which was completely political.  Do you remember that?

I certainly do.  It's the filthy lie republiscum they created at the time and have been pushing for years and no surprise that you are still doing it for them.  Sad, indeed.  Pathetic, certainly.  

tom, are you not even aware that it is the most basic function of Congress is to fund the government?  

It was a lie that Obama tried to make the government shutdown hurt and that part of it was because he refused to work with Republicans?  I think you need to go back and refresh your recollection by reading the news articles of the time.

A government shutdown does not stop government from working and it definitely does not stop 99/100 people from working.  The US Federal workforce has nearly 3 million people working for it, most of those are in the military.  But those 3 million people getting delayed paychecks does not stop the rest of the population from going to work.  The Federal government doesn't run any local services.  Those 3 million people not going to work due to a furlough doesn't stop the rest of the population from doing things for their daily lives.  In reality, people can handle having National Parks closed, and for the most part the government has certain things like Social Security checks and military pay set as high priority so they do not stop while government is stopped for the most part, which is why there are furloughs and delayed paychecks.

Oh, and something else, only any emergency funding is supposed to be taking place right now, if Congress was doing its job.  All of the appropriations bills, which fund the government, are supposed to be passed around October.

I remember.  It was wrong then and it is wrong now.  How is possibly freezing the paychecks (the hill will be exempt of course) of people just trying to pay rent, buy food, and pay the bills making America great again?  His continual temper tantrum regarding the wall is getting tiresome.

Liberty High School

That was actually the name of my High School in MD.

Guess it is a popular name.

The more the unhinged far left keeps doing stuff the better for the Republican party.

Seriously, how much of a douche to you have to be to wear a shirt advertising a politician? Like putting a bumper sticker for a politician on your car, it tells me one thing about you, you are a fucking idiot. 

Seriously, how much of a douche to you have to be to wear a shirt advertising a politician?

Interesting comment. I don't recall students being suspended if they wore these, do you?

They are fucking idiots.

Let me make this as clear as possible, if you are advertising, for free, for a politician, you are a goddamn fucking retard. End of story.

So every volunteer during campaign season for any campaign is, as you state it, a retard?

So every volunteer during campaign season for any campaign is, as you state it, a retard?

Apparently so. It's also obvious that in his world, it is acceptable to use derogatory labels to describe people with disabilities.

I don't recall students being suspended if they wore these, do you?

Can you give us any proof that these were allowed in schools or that kids who wore them got away with it if it was? 

Can you give us any proof that these were allowed in schools or that kids who wore them got away with it if it was? 

What part of my comment did you not understand, Atheist? I cannot show proof of that which I cannot recall happening.   Here's comment 10.1 again ...

I don't recall students being suspended if they wore these, do you?

Stop trying to snap at my ankles, dude, because it doesn't work with me.

Interesting comment. I don't recall students being suspended if they wore these, do you?

interesting comment ... i found this:

wistv

yet... no outrage ....

i found this as well:

sun-sentinel

yet, strangely enough, no outrage at all from the conservative minded ... of course if it's a t-shirt that depicts their beloved Trump who they seem to be completely enamored with ? .. lots of outrage .. odd, isn't it ?

 i  found  this:

Per your links:

wistv

Veneica says both Baker and Principal Compton referred her to the school district's dress code. The dress code listed on the school district's website says students may not wear clothes with offensive languages or images. It also says staff members have the authority to deem any attire unsuitable or disruptive to the educational or cultural climate of the school.

-----------------------------------

sun-sentinel

To avoid both, her dad pulled her out of school for the rest of the day. Her dad told the Sun Sentinel on Thursday that he supported his daughter's actions, but declined to comment further.

Although district spokesperson Kathy Burstein declined to comment on the incident, she noted a districtwide dress-code policy that prohibits attire that "substantially or potentially disrupts the educational environment." A principal or other designee has the final say on what constitutes a dress-code violation, according to the district's handbook.

----------------------------------------------------------------------------------

It seems that you've forgotten ... or ignored ... a few important facts:

1. Elijah Smith never wore his shirt to school and was not suspended.
2. Maxine Yeakle's father took her out of school before she could be suspended because they knew she was violating district dress code policy. She  was not suspended.
3. Addison Barnes was suspended, but not because he violated district dress code. 

Please research Addison's entire case. 

It seems that you've forgotten ... or ignored ... a few important facts:

1. Elijah Smith never wore his shirt to school and was not suspended.
2. Maxine Yeakle's father took her out of school before she could be suspended because they knew she was violating district dress code policy. She  was not suspended.
3. Addison Barnes was suspended, but not because he violated district dress code. 

Please research Addison's entire case. 

where's the outrage from the conservative minded ? where's the defense of those student's First Amendment rights ?! Do you think if Elijah Smith wore that shirt to school he wouldn't have been suspended ? seriously ?

gee, in this case:

School officials had defended their actions in court, saying the shirt would contribute to a "hostile learning environment'' and would make students feel insecure in school, noting that about 33 percent of the high school's students are of Hispanic descent. They also said the school had been the site of recent student walkouts and sit-ins to protest Trump's immigration policies.

and yet in Baker's case ( as you bolded ):

staff members have the authority to deem any attire unsuitable or disruptive to the educational or cultural climate of the school.

which i'm sure would fall under contributing to a " hostile learning environment ", correct ? yet, no outrage ! why is that ?

and in Maxine's case ( as you bolded ):

Although district spokesperson Kathy Burstein declined to comment on the incident, she noted adistrictwide dress-code policy that prohibits attire that "substantially or potentially disrupts the educational environment." A principal or other designee has the final say on what constitutes a dress-code violation, according to the district's handbook.

gee... that may contribute to a " hostile learning environment " or at the very least - disruptive ... yet no outrage ! why is that ?

from the original story of the student not allowed to wear the Trump t-shirt :

Barnes was told his T-shirt, which also featured the words, "The wall just got 10 feet higher," had offended at least one teacher and one student, at which point he covered it up.

from: usatoday

and look, from the Baker case ( as you bolded ):

staff members have the authority to deem any attire unsuitable or disruptive to the educational or cultural climate of the school.

gee... so a Teacher - which is a staff member - is allowed to deem attire unsuitable or disruptive and you have no outrage in Baker's case ( who wasn't even allowed to wear his shirt to school and didn't "test the waters" by wearing it )... yet a Teacher is offended in this case and it's all -- FIRST AMENDMENT RIGHTS ! ... why the outrage ? where was the earlier outrage ?!

l ooks like you either ignored or have forgotten a few facts, eh ? where's the outrage ? Would this case have been ok with you if the boy's parents took him out of class while wearing his Trump t-shirt before he got suspended ??  

where's the outrage ?

There's no reason for outrage. I have been very patient with your derails as you clearly showed your outrage about unrelated cases. You've ignored the fact that your examples were related to district dress code policy and Addison's suspension was not.

There's no reason for outrage. I have been very patient with your derails as you clearly showed your outrage about unrelated cases. You've ignored the fact that your examples were related to district dress code policy and Addison's suspension was not.

wait.. what ? did you read the original article ? even the original article proves you are incorrect:

Liberty High School’s Parent-Student Handbook doesn't address political clothing, KPTV reported. But Hillsboro School District’s Standards of Student Conduct says, "Clothing decorated or marked with illustrations, words, or phrases that are disruptive or potentially disruptive, and/or that promote superiority of one group over another is not permitted."

his school doesn't have a dress code per se - but his t-shirt violated district policy concerning Student Conduct, correct ? you don't think this student's pro-Trump t-shirt was potentially disruptive but you think the the pro-Obama t-shirt was potentially disruptive ? seriously ? where was the outrage for the previous cases ? they all, including this one, violated district policies and yet silence from the conservative minded until now... why is that ? ... hmmm.. could it be the topic of the t-shirt ? you are welcome to call it a derail, it's a typical defense when it's shown people are being hypocritical. It's amusing that suddenly now you are concerned with a student's First Amendment rights, but no outrage previously.

My daughter is in HS and campaign shirts were allowed on both sides, until it became a problem and fights started breaking out.

Several Americans have been seen sneaking into Canada, so Canada's Prime Minister has made the decision to build a wall.

The easiest thing is just to ban messages on shirts or you could make it a narrow rule and not allow specific political people on shirts. Issues like this are why a lot of schools have uniforms.