1. Trenten Cummings
11/27/18
COMM 4116
Facts of the Case
It is on record that the Tri County School district does not require uniforms and they also
do not have any dress code in place for their students to abide by. With that being said, students
have been wearing clothing with the branding that says, “Coed Naked.” Soon after, the School
Committee banned all shirts with “vulgar, profane, or demeaning” messages displayed on the
clothing, which would include, the “Coed Naked” shirts as well. Let the record show that after
this rule was set in place, a student was suspended for wearing a shirt that said, “Coed Naked
Band. Do It to the Rhythm.” Then, in retaliation, of the suspension, another student wore a shirt
that said, “Coed Naked Gerbils. Some People Will Censor Anything.” That student was
subsequently suspended as well for wearing that shirt. Both students have challenged their
suspensions.
Opinion including Precedents
The students are claiming that they do not “shed their constitutional rights to freedom of
speech or expression at the school gate”. This quote stems from the case of Tinker v. Des Moines
as a very similar situation transpired, where students wore black armbands in protest of the
Vietnam War. The ruling of that case was in favor of the students, but that case also produced a
law that gave power to the school systems that would allow them to discipline students in the
first place. But, in order to suspend or commit any disciplinary acts, the Tinker test must be
conducted, which is a test to see if the school’s actions violate student’s rights to the First
Amendment. This test has been relied on in many other cases similar to Tinker v. Des Moines.
For example, in the case of Bethel School District v. Fraser, a teen gave a speech to his fellow
2. classmates containing sexually provocative language. This is most obviously not appropriate for
a school setting. So, with the Tinker test, the power allotted to the School Systems to censor
disruptive behavior allowed them to suspend the student, as they did not violate his right to free
speech.
In this case, the School County officials have the power and obligation to prohibit or
censor material deemed as disruptive or age-inappropriate. Students are entitled to their First
Amendment rights, but while inside of an education establishment, speech cannot be used as
freely as it would be outside due to the rules set in place in order for a conducive learning
environment to be in place for all students. Therefore, if the School County officials deem
actions as disruptive or age-inappropriate, then they have the right to perform disciplinary
actions. “Coed Naked” shirts and different variations of the shirts as well as anything disruptive
of school in any ways are not appropriate for any school setting or school functions outside of
school hours (Morse v. Frederick). In Morse v. Frederick, a student held a banner displaying
“Bong Hits 4 Jesus.” He was across the street from a school sponsored event. He technically
wasn’t on school grounds, but the First Amendment does not protect him from disciplinary
actions in this statement as it seems that he is promoting drug-use at the school which is illegal.
Students are entitled to their First Amendment rights, but while inside of an educational
institution or environment, your speech is not as free due to the rules set in place in order for a
conducive and effective learning environment to be in place for all students. In other words,
discretion must be taken in order for the students to exercise their right, as well as abide by
school rules. I absolutely agree, you do not shed your constitutional rights to freedom of speech
or expression at the school gate and that freedom of speech undoubtedly extends to choice of
clothing by students. But, I agree even more with the fact that you also do not shed the rules in
3. place when present in a school environment as it may offend other’s beliefs or feelings (Dariano
v. Morgan Hill Unified School District). In this case, students deliberately wore shirts displaying
the American flag during Cinco de Mayo week at their school just to spite the students who had
permission to celebrate the holiday on school grounds.
Ruling
I rule in favor of the Tri County School District, and the suspensions will be upheld.
There was a ban set in place by the School Committee that was intended to censor all “vulgar,
profane, or demeaning” material. These “Coed Naked” shirts as well as the different variations of
the shirts most definitely fit that description. The Tinker test is so important in matters like these
because all citizen’s rights should be respected and not violated or unnecessarily censored. If the
Tinker test were conducted, these shirts would be deemed as disruptive and would permit for
disciplinary action to take place, hence the suspension of the students knowingly in violation.
4. Sources Cited
T. L. Tedford & D. A. Herbeck (2017). Freedom of Speech in the United States
Publishers: Strata
