Principal threatening with detentions

[whichelle]

What is the name of your state? KY.

So I'm a junior at a public high school in Kentucky.
There is a mural painted up in the pep band section of the gym with a music theme, and in the center is (a depiction of) our long-term director's head.
We learned last Friday that one of the basketball coaches had a fit about not having a mural and the principal has decided to have it painted over.
The band director has worked at our school for at least 21 years, probably more. He has enriched the lives of many people and is a part of the school's history.
We, the students, immediately decided to protest the removal of this mural.
A petition circulated and t-shirts were ordered. The shirts simply have the image of the mural and say "Save the Wasson Head." There is no profanity, no innuendo, no obscene likeness.
(Here's the real issue, although we need to know what we can do about the above other than what we have done.)
Students will be receiving their t-shirts tomorrow morning and anyone who bought one is supposed to wear it our last day (Monday June 2.) The ever-so-esteemed principal made it known earlier today that any student who wears the shirt will receive a detention to be served next school year, and any senior who wears it will not be allowed to walk at the graduation ceremony on June 8th.


Can she do this?
(If not,) What is the appropriate action to take if she does try to punish us?

Information is needed by Sunday evening, but sooner is preferred.

 

[seniorjudge]

Q: Can she do this?

A: Yes.

 

[quincy]

As seniorjudge says, yes, the principal can do this, but it may be unconstitutional.

The founders of the Constitution included freedom of speech in the First Amendment because they believed free speech was necessary for a free, open and civil society. However, the First Amendment has been interpreted by the Supreme Court to read that in certain specific circumstances, the right to free speech can be limited when it infringes on the rights of others.

The Bill of Rights states that "Congress shall make no law. . . abridging the freedom of speech. . ." but the Constitution also guarantees to "establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity." This is where most free speech issues arise - in the conflict between these two.

Kentucky has had its share of "free speech in school" cases and, in general, schools have retained the right to refuse to sponsor speech that is "inconsistent with the shared values of a civilized social order." Schools can limit free speech for legitimate educational reasons.

A dress code, or the banning of the wearing of certain clothing, is constitutional if it is authorized under state law, advances important government interests, is not related to the suppression of free expression, and only incidentally restricts free expression in a minimal fashion.

The Supreme Court decision most often looked at in free speech in school cases is Tinker v. Des Moines Independent School District, 1969. In this case, the Supreme Court ruled 7-2 that public school officials could not censor student expression unless they could reasonably forecast that the student expression would cause substantial disruption or material interference with school activities or would invade the rights of others. Schools, in other words, cannot censor student expression unless it will disrupt the school environment.

The Tinker case mentioned above revolved around the wearing by students of black arm bands to protest the Vietnam War.

In my state, Michigan, in 2003, a U.S. District Court judge, Judge Patrick J. Duggan, ruled in favor of a student and against school officials who tried to ban a student's wearing of an "International Terrorist" tee-shirt depicting President George W. Bush. Judge Duggan applied the Tinker standard when ruling for the student.

Duggan said, "Students benefit when school officials provide an environment where they can openly express their divurging viewpoints and when they learn to tolerate the opinions of others."

Unfortunately, you have a principal who, for some reason, seems to believe your wearing of the tee-shirts could disrupt the school's learning environment. On this belief, the principal can prohibit the wearing of the tee-shirts and/or punish those who do. It certainly seems unfair and it certainly borders on unconstitutional.

I am not at all sure the seniors will want to risk their graduation on June 8th to wear a tee-shirt that supports the keeping of the mural, or that the other students will want to risk detention in a battle over constitutional rights. However, if any student chooses to be militant and fight the principal on this, they could probably find support with the ACLU. I believe the law and the Constitution is on their side.

Edit to Add: By the way, I am not advocating militancy here. I suggest before trying to wear these tee-shirts you consult with your parents and an attorney or the ACLU. The wearing of the tee-shirts in defiance of the principal would have ramifications that can affect you and your future, and should not be done without a great deal of thought and consultation.