Jim Jordan (JJ) attends a
public high school. One day he wore a t-shirt
to school. The t-shirt displayed the following text on the front: White
men can't jump, but black men can't govern. Impeach Obama. In the
afternoon, after learning about the t-shirt, the principal called JJ
into his office and told him that if he didn't remove the shirt he
would be suspended for 3 days. JJ refused to remove the shirt and was
suspended. His parents have filed suit against the school on his behalf
claiming a violation of his First Amendment rights. Assume the
following additional facts:
a) The school has had racial tensions in the past. Those tensions have
flaired into occasional physical confrontations between black and white
students, although no confrontations occurred when JJ wore the shirt;
or
b) The school has had no racial tensions in the past. On the day when
JJ wore the t-shirt several students went to talk to the principal and
told him they were offended by the shirt;
or
c) The school has had no racial tensions in the past. On the day when
JJ wore the t-shirt to school conversations about the shirt took place
in the hallways, the cafeteria, and in several classrooms. One of the
teachers spent class time talking about whether the t-shirt was an
appropriate way to express a political viewpoint;
or
d) The school has had no racial tensions in the past. On the day when
JJ wore the t-shirt to school, a classmate confronted JJ about the
shirt and punched him causing his nose to bleed. There were no other
incidents at school while he was wearing the shirt.