A third-grader in public school was told they are not allowed to wear a facemask that says ‘Jesus Loves Me’ because it violates school policy. And yes, BLM masks are permitted. The parents are suing the school district, school board, and superintendent.
Related: New York County I Grew Up In Votes to Ban “Free Speech”
It’s viewpoint discrimination, and Eugene Volokh believes the policy should get tossed.
The policy, I think, is pretty clearly unconstitutional. Tinker v. Des Moines Independent School District (1969) makes clear that such speech in K-12 schools can’t be banned unless it “materially disrupts classwork or involves substantial disorder or invasion of the rights of others,” and there seems to be no reason to think that this mask would qualify.
Given the likelihood of people to use the cloth mask mandates as an opportunity for expression, I’d expect to see more of these cases, and they are probably there. We’ve been so focused on the election and the shenanigans that important First Amendment news has taken a back seat.
The school has a written policy that prohibits “political, religious, sexual or any inappropriate symbols, gestures or statements that may be offensive, disruptive or deemed distractive to the school environment.”
The parents have requested a preliminary injunction to protect the student’s rights and prevent the district from taking disciplinary action.
