Dist. Ct. erred in granting defendants-school administrators’ motion for summary judgment in plaintiffs-students’ action, alleging that defendants’ actions in barring plaintiffs from wearing T-shirts bearing images of firearms violated their First Amendment rights. Dist. Ct. found that defendants’ actions were viewpoint neutral and reasonable under standard applicable for speech restrictions in nonpublic forum. Ct. of Appeals, though, found that Dist. Ct. should have used standard set forth in Tinker, 393 U.S. 503, which held that restrictions on student speech are constitutionally permissible if school officials reasonably forecast that speech would materially and substantially disrupt work and discipline of school or invade rights of others. Since standard under Tinker is stricter than test for speech restrictions in nonpublic forums remand was required for new consideration under Tinker test.
Federal 7th Circuit Court
Civil Court
First Amendment