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In reply to the discussion: So What Would You Do If Your 13 Year Old Student Came to Class [View all]jberryhill
(62,444 posts)Substantial disruption is a question of fact. It is not a vague feeling of "I think other students may be offended by it."
This is an ACLU publication intended for LGBT students who seek to express themselves through clothing at school:
https://www.aclu.org/sites/default/files/field_pdf_file/speakingoutwithyourtshirt.pdf
In deciding whether school authorities acted lawfully when punishing a student for wearing a particular t-shirt or forcing a student not to wear a controversial t-shirt, courts rigorously examine the facts of the matter to make sure that what‟s really going on is not flat-out censorship of an unpopular opinion something the law is clear thatschools can never do. If school authorities claim that a message on a t-shirt will cause a disruption, their fear of disruption must be backed up by facts.
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Courts are clear that a school‟s concern about other students‟ possible hostile reactions to a message on a t-shirt does not justify censoring it. This point is critical because school officials often try to justify censoring LGBT-positive expression by claiming that they are fearful of disruptions caused by students offended by the expression.