A Ruling on Hate Speech

Schools in the western United States can forbid a high school student from wearing a T-shirt that denigrates gay and lesbian students, a sharply divided federals appeals court in San Francisco ruled today.

In a 2-1 decision, the U.S. 9th Circuit Court of Appeals said that a T-shirt that proclaimed “Be Ashamed, Our School Embraced What God Has Condemned” on the front and “Homosexuality Is Shameful” on the back was “injurious to gay and lesbian students and interfered with their right to learn.” The court said that the shirt can be barred on a public high school campus without violating the 1st Amendment. [...]

“Public school students who may be injured by verbal assaults on the basis of a core identifying characteristic such as race, religion, or sexual orientation have a right to be free from such attacks while on school campuses. As Tinker clearly states, students have the right to ‘be secure and to be let alone,’ ” Reinhardt said. (source)

I found this ruling interesting, and a relief. It is an interesting mix between free speech and what is harmful to others. It’s interesting to see how things are changing. I look at issues like this, and I’m energized by the fact that just ten years ago, the court would probably have not taken into account the fact that many gay students would just drop out of school rather than face the hate and intolerance of their peers.

For a long time these students had no ally. It’s good to see the court finally realize that there is more at stake here than free speech. What is at stake is the future of these children who are marginalized. The other thing I think is wonderful is that more and more of these kids are fighting back. They are fighting the oppression they face when a school district doesn’t protect them by filing a lawsuit against that school district, along with those who have tormented them, sometimes for years.

In some ways, it makes me want to re-live my high school years today. Maybe I would have some pay back. On the other hand, it was Idaho and I’m not sure we are to this point in Idaho. But who knows? Things are changing every single day!