Wednesday, March 2, 2011

Court Rules in Favor of Anti-Gay Shirt


CHICAGO • An appeals court has upheld the rights of suburban Chicago students to wear T-shirts with the words "Be Happy, Not Gay."

The 7th U.S. Circuit Court of Appeals' ruling Tuesday involves a dispute at Neuqua Valley High School. A teen sued in 2006 after school officials blacked out the words "Not Gay" on her T-shirt. The incident happened the day after a "Day of Silence," which was held to draw attention to the harassment of gay students.

The court says a school that "permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality."

The decision says the school was wrong unless it could prove the shirt would cause a "substantial disruption."

The president of the district's board declined to comment on the ruling.

35 comments:

Carson Wickersham 5th said...

While I can see the constitutional basis for this argument- the right to free speech- I still feel it's absurd that this sort of thing is allowed when something legitimately sexist or racist would be banned without question. That said, I think the issue lies with both the school and the courts: the school should've handled the issue better, but I feel the courts have failed to distinguish between a positive message and one that is intentionally hateful.

J. Vivian said...

I dont see how this is "okay" in anyones eyes. This not only looks bad for the people who would wear the shirts, but for the entire court who ruled to make it ok. Yes, I see how the school opened up the way by having a day to raise awareness to the harassment of homosexual students; Though, last time I checked there were plent of days and plenty of people who regularly harass homosexuals- there is not however enough days, or people, in which gay rights are protected from these issues. The idea of letting this shirt go by unregulated basically seems to make a path for further acts against homosexuality that could in fact lead to "substantial disruption".

Jay Patel 1st said...

Is Illinois going to be the next California? Nah, they seem to support anti-gay acts. I don't really get bothered by gays, but some people take it too far. Speaking your mind does not have to lead too anti-gay revolts and harassment. Let gay people be gay and let straight people wear their "straight" T-shirts if they're insecure.

That incident where some gay guy was recorded having sexy time and then committed suicide was a rare and stupid case. Who knows if his gayness even caused the quarrel. Suicide was not the key anyway. The guys recording could've been put in jail immediately just for invading privacy. Unfortunately they were caught after the gay died.

wesleywehde1 said...

As much as I disagree with the T-shirt, I agree with the court's decision. Unless this shirt is going to cause some kind of riot or terrible disruption, then the kid should be allowed to wear it. This is just one more person's attempt to limit the right to freedom of speech and expression even more. Free speech is free speech, whether the speaker is right or wrong.

Krishna Patel (2) said...

I totaly disagree with the fact that gay students are being harassed. United States is a country where everyone has there own freedom. Therefore harassing someone just because they are different is not right according to me. And i agree with the court on the fact that if schools permit advocacy of the rights of homosexual students then they cannot be allowed to stifle criticism of homosexuality.

Krishna Patel (2) said...

I totally disagree with the fact of harassment of gay students. United States is a country where everyone has there own freedom and no one can be harassed just because of the fact that they are different. I agree with the court that if a school permits advocacy of the rights of homosexual students then it cannot be allowed to stifle criticism of homosexuality.

StaciFrentress2 said...

This is insane. I don't get what the big deal about homosexuality is, I mean is really that big a deal? I think the courts are right in there ruling that if you promote the rights of homosexuals then you can not control how people will react. No matter how unfair I think it is, the truth is that there are people that hate anybody that has any inclination towards the same gender. Plus that is technically like freedom of press and speech isn't it?

Olivia Wise 1st Period said...

Those shirts are very wrong and rude, but I guess those people think they have the right to show their opinion. They do have that right, but not when it was degrading and discriminating. The school has the right to ban those shirts, because it protects other students. Those students need to be more mature. The shirts are inappropriate and have a right to be banned.

Efren Gomez 2nd said...

Well it is freedom of speech yet history only starts to repeat itself. Somebody has to be picking a fight with someone else. If someone happens to be "gay" that is honestly their choice and lifestyle. Since we are talking about "choice" why don't they go ahead and make shirts called "be happy, not Muslim" or Christian or black... Possibly Mexican. How would you like reading "be happy, not Mexican." I think it's pointless. Wether you are born like that or by choice. It's not going to end. It's something we as AMERICANS should accept. But blacks went through suffering along with Hispanics and our native Americans. Guess now it the "gays turn?" we are doing the same mistake hoping for different results.

RhiannonMason05 said...

The first amendment gives the right for people to wear these shirts, just as i am given the right to know that these people who possess these shirts are in my opinion, very sad. We all have are own beliefs for one reason or another, and mine entails people getting to love whomever they love. If this makes people so outraged to wear a shirt, so be it. But now someone just as outraged is going to put on another shirt in defense and for all we know Forever 21 is involved in world war three. People are always going to entangle themselves in a fight, but now that it includes T-Shirts I'm wondering who I'm offending right now with my middle school's basketball shirt..

Tiffany Nguyen5 said...

I believe that the school was right to stop people from wearing the offensive shirt. The shirt is a form of harassment that is highly offensive to gay students and friends of the gay students. This reminds me of a lighter version of the article about the protests at the funerals. Although it is a lighter case of harassment, it is still a form of harassment. I don’t think the students should be sued over wearing the shirts unless they do not comply with the school not allowing students to wear the shirt and continue the harassing with wearing the shirt. I think that disruption and harassment is enough for the school to ban the shirt and start suing if the ban is not effective.

Tiffany Nguyen5 said...

I believe that the school was right to stop people from wearing the offensive shirt. The shirt is a form of harassment that is highly offensive to gay students and friends of the gay students. This reminds me of a lighter version of the article about the protests at the funerals. Although it is a lighter case of harassment, it is still a form of harassment. I don’t think the students should be sued over wearing the shirts unless they do not comply with the school not allowing students to wear the shirt and continue the harassing with wearing the shirt. I think that disruption and harassment is enough for the school to ban the shirt and start suing if the ban is not effective.

Logan Bishop 5th said...

I'm an advocate of free speech, as long as both sides are willing to hear the others point. Political shouting matches get us nowhere, and antagonism in debates such as this see the message stifled by a layer of political mud-slinging. Ad hominem attacks (which often times is what the gay/anti gay rights movements boil down to) need to be stifled but not with the destruction of property (the shirt in this case).

kelan hamman 2nd said...

I love free speech and all but personally, the shirt isn't necessary. I feel that the principle of that school did the right thing. The kids can do what ever they want on their own time, but similar to the gun rules, you must follow school rules while on campus. And the court is foolish to me. The only way its legal is if it causes a "substantial disruption"? What do they think, that all the homosexual kids are going to rush to the principle and complain? What they will probably do is become socially depressed which to me is a disruption.

Ralph Molina 2nd said...

I think this court ruling is absolutely correct because people who have been criticized against, when they advocate their issue they seem to think that anybody who disagrees with their stance on that issue is some sort of a horrible person. I think that student has every right to wear a shirt that criticizes homosexuality because that is her opinion and she is entitled to express it due to her freedom of speech. Overall good ruling court.

Cara Kasemsri 5th Period said...

I believe in the right of freedom of speech, as long as it doesn't cause harm to the individual. Although I don't believe in the opinions of the students of Neuqua Valley High School, I do believe the court's decision is just and constitutional.

Cara Kasemsri 5th Period said...

I believe in the right of freedom of speech, as long as it doesn't cause harm to the individual. Although I don't believe in the opinions of the students of Neuqua Valley High School, I do believe the court's decision is just and constitutional.

Cara Kasemsri 5th Period said...

I believe in the right of freedom of speech, as long as it doesn't cause harm to the individual. Although I don't believe in the opinions of the students of Neuqua Valley High School, I do believe the court's decision is just and constitutional.

John.Michael.Frullo.1 said...

If the school allows the support for homosexuality, then it cannot prohibit criticism. Also, the president declined to comment on the shirt becoming a "substantial disruption", so he must not believe that the shirts are that big of a problem. If a significant disruption to this decision comes up, then the concern would be different; however, because no disruption was stated, the ruling should stand. This provides both sides of the spectrum on the opinions of the public.

BrittanyGarza2 said...

Well this was interesting. I think students should be able to wear what they want as long as it isn't derrogatory to other races/ groups . I find it odd, there are so many gays in the united states people should be used to them by now. I really think the school was right in blacking out the "not gay" part. Imagine if you were a homosexual and saw that shirt...it wouldn't be very pleasant. Harrassing other students isn't right, school is supposed to be a "safe haven" not a place where people get picked on.

Julia Ho 1 said...

As much as it pains me to say it, I agree with the court's ruling in this case. After all, if the KKK is still allowed to hold meetings then why shouldn't a teenager be allowed to wear a shirt? Yes, people may be narrow minded and ignorant, but even the narrow minded and ignorant should be allowed to express their opinions peacefully (*cough Glenn Beck cough*). Even so, it's been seen time and time again that these movements advocating intolerance can often escalate into "substantial disruption" (aka violence), and it can be extremely difficult to decide where to draw the line before things get out of hand.

Carrah Osborn 2 said...

Aww, that's pretty messed up:(. I mean the point of the day of silence thing is for the homosexuals who have committed suicide and/ or those who have been beaten or verbally abused because of their sexuality. And to allow shirts in a school that's all like "be happy not gay" well that's kinda awful. The court shouldn have ruled against it, they say it's because it's like no real disturbance or no real harm or whatever, but stupid things like that do cause more damage than what meets the eye. Reading that or hearing something like that could be enough to push someone over the edge.

JazminAguilar1 said...

Ugh, this annoys me a ton. I'm all for saying what you believe or whatever, cause that's what being an American allows, but this is just way wrong. I would be fine for the anti-gay shirts to be worn in public, but they shouldn't be allowed in schools. The shirts are pretty much equivalent to any other shirt that is considered inappropriate or offensive. Those rules allow the schools to ban certain shirts so this should be banned as well. The front of the shirt is annoying because of the "My Day of Silence". This is so disrespectful towards those that were hurt because of harassment that homosexuals have had to endure. The fact that they go further to alienate homosexuals is sick. We're free to do whatever we want here in America and we're all equal. This shirt is such crap. My Saturday is filled with the wrath of a thousand suns.

Rod Torres5 said...

firs off I think that discrimination all together is wrong. I believe that the school was not in the wrong for not allowing them to where cloathing that was offinsive. If they believe that it violates their freedom then they can do it in a non school like enviroment. The school can say its part of dress code and that is the end of it.

DebbyRogers2 said...

Freedom of speech is only allowed to go so far. This was clearly discriminatory and a line should have been drawn to stop it. The court would've stopped it had it been discriminating against African-Americans; the same should be done for homosexuals. A school should not allow anything slanderous and hateful.

Nathan Rangel 1 said...

I think that the school was right to not allow the anti-gay t-shirts because that would cause more problems. Anti gay is ridiculous. Although people have the right to expressbthuer opinion. The msnor in which the students ere trying to express themselves was highly offensive. Do in conclusion I agree that the schools were right in banning the shirt.

JackWilson1 said...

This is an excellent example of the freedom of speech; you have a right to express your opinion even if it is not well received. However the school could argue that an anti-gay shirt is the same as a racist shirt and features inappropriate material and ergo should not be worn by students.

Andrew Cook 5th said...

I fully support the court's ruling in this case. I have personally observed that, while many freedoms in our country have been expanded lately, like the improved social freedom of the gays in our country today, these efforts often have a pendulum effect in that those whose beliefs are contrary to what these new freedoms say are themselves repressed. And this isn't even purely an issue of freedom of speech. Almost every major religion is opposed to homosexuality, and there are even many outside of religions that believe it to be unnatural, bad for our society, and wrong on their own moral grounds. It is important that these people have the right to believe what they want and express themselves just as much as people like homosexuals do. We are a country with a strong foundation in the beliefs of individualism and personal rights, and it is important that EVERYONE has those rights.

Jesse Lane 2nd said...

I think people are allowed to participate in hate speach (no matter how stupid it is) as long as it's not threatening to infringe on other peoples rights.

Unknown said...

I agree with the court. If the school supports gays, then it would be only fair for it to support the anti-gays as well. There is always going to be a dispute with two sided issues like the whole "homosexuality" bit and the t-shirt is going to upset a few people, but its also going to be supported by a few people as well. It all depends on how you see it.

ShannonCarr1 said...

In my opinion its horrifying how little tolerance is shown and appreciated in schools. Going to school at Lubbock High students run into every sort of person and everyone is generally accepted, so its hard to imagine schools where kids would even consider the idea of this t-shirt. However the school could have probably handled the situation better.

ShannonCarr1 said...

In my opinion its is horrifying how little tolerance is shown and appreciated in schools. Going to school at Lubbock High, students run into every sort of person and everyone is generally accepted, so its hard to imagine a schoold that would even consider a t-shirt like this. However the school could have probably handled the situation better, the girl still has the right to express her believes.

Shivani Daji2 said...

The school is violating the 1st amendment to free speech, and being so strict with the dress code takes away from educational teaching time.

naveenchekuru2 said...

I agree with this ruling because it protects and garantee's peoples freedom of speech. Since the school advocates rights of homosexuality they cant stop free speech.

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