by HNN Staff
Charleston (HNN) — In a case that it claims tests the limits of a school’s ability to censor student speech, the American Civil Liberties Union Thursday, April 27, 2005 filed a lawsuit in federal court here charging that a high school student’s rights were violated when school officials disciplined him for wearing a T-shirt bearing an image of the Confederate flag.
"Permitting some expressions of political or controversial speech by students while banning others is a flagrant violation of the First Amendment," said ACLU of West Virginia Executive Director Andrew Schneider. "In an educational environment, student expression that does not disrupt school activities can be a subject for dialogue and debate, rather than censorship. The school is missing an excellent opportunity to teach students about their constitutional rights."
Franklin Bragg, a senior at Hurricane High School, was born and raised in the Teays Valley area. When he appeared at school in November 2004 wearing a T-shirt bearing an image of what he refers to as the "rebel flag," he was disciplined for violating the school’s dress code. Although Bragg said he wore the T-shirt to express pride in his Southern heritage, he was told that he could not wear a depiction of the flag because some people were offended by it. According to Bragg, however, no students made any comments about his T-shirt.
Bragg also said that other students at Hurricane High School often wear clothing expressing a variety of political or cultural viewpoints without any incident.
ACLU affiliates across the country have successfully defended students who have been punished for wearing T-shirts that school officials deemed "inappropriate," including T-shirts bearing anti-war, gay pride, or Christian messages.
The lawsuit seeks expungement from Bragg’s record of any disciplinary action taken in response to the T-shirt, a declaration that his rights were violated by the school, and unspecified damages.
Bragg is represented by Roger Forman, ACLU of West Virginia cooperating attorney, and ACLU staff attorney Terri Baur."
On The Web: http://www.huntingtonnews.net/state/050429-staff-aclu.html
