An Oregon student suspended over wearing a shirt connected with President Donald Trump in January is now suing the school district charging that his First Amendment rights were violated, KPTV reported.
Addison Barnes, 18, a senior at Liberty High School in Hillsboro, Oregon, charges in the lawsuit that he was made to go home, which was treated as a suspension, after wearing a shirt references Trump's proposed border wall between the United States and Mexico in January, the television station said.
Barnes said he wore the shirt for his People and Politics class on Jan. 19 because he knew immigration would be discussed then, KPTV said. The shirt read: "Donald J Trump Border Wall Construction Co." The shirt also had the Trump quote: "The wall just got 10 feet higher."
Barnes said an assistant principal told him to cover up the shirt, but after he displayed the shirt a second time, a security guard was called to escort him off campus, KPTV said.
"I have my First Amendment and it's not right what they're doing," Barnes said about changing his mind about covering up the shirt in January, the television station said.
"The First Amendment protects students' right to speak on political or societal issues — including the right to express what school officials may consider unpopular or controversial opinions, or viewpoints that might make other students uncomfortable," the lawsuit filed May 18 in U.S. District Court in Oregon said.
"Barnes' shirt did not substantially disrupt or materially interfere with the work of the school or the rights of his fellow students. The shirt did not promote or advocate illegal activity; it contained no violent or offensive imagery; nothing on it was obscene, vulgar, or profane. Through his shirt, Barnes sought to convey his views on a national debate about a serious political and societal issue. It was pure political speech, which, 'of course, is 'at the core of what the First Amendment is designed to protect,'" the lawsuit continued.
Liberty High School's Parent-Student Handbook, makes no mention of banned political clothing, but the Hillsboro School District's Standards of Student Conduct outlines a more defined clothing guidelines, KGW-TV reported.
"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," the guidelines stated, according to the television station.
Barnes alleged to KGW-TV that one teacher displayed "a pro-sanctuary city poster in her room, which was up all year, yet as I wear a pro-border wall shirt I get silenced and suspended for wearing that."
The American Civil Liberties Union of Oregon told KGW-TV that while it believed Barnes' shirt was "mean spirited," the school errored in telling the student to take it off.
"The school clearly crossed the line when it required a student to remove a T-shirt that voiced support for Donald Trump's border wall or face a suspension," Mat dos Santos, legal director of the Oregon ACLU told the television station.
"This shirt is mean spirited, but it isn't a 'disturbance' under First Amendment case law. It is disappointing that Liberty High School decided to censor the student instead of inviting the student body to discuss immigration, the freedom of speech, and the impacts of xenophobic rhetoric. Schools have a responsibility to teach our youth how to engage in thoughtful conversations about difficult and potentially offensive subject matters. Censorship doesn't work and often just elevates the subject the government is trying to silence," he added.
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