- Joined
- Dec 3, 2013
- Messages
- 57,470
- Reaction score
- 14,587
- Gender
- Undisclosed
- Political Leaning
- Undisclosed
Liable is what I think you meant but yes, while students have less freedom than say an adult in his private home or on the public streets, public schools are agents of the state and thus can be liable for what we call constitutional torts. The Tinker decision is the landmark decision in this area of law and it involved students being disciplined for wearing black armbands in protest of the Nam war IIRC. The school claimed the display was disruptive and the Supreme Court ruled on behalf of the first amendment and the students finding the school to have violated their rights.
obviously in some cases "free speech" can be subject to restrictions by school. For example, discipline will be upheld against a student who disrupts a class by shouting obscenities or disturbing class. Students can be disciplined for wearing shirts that contain racist, vulgar or other disruptive comments
However, in this case, I doubt the school will prevail and the threat of "psychiatric examination" sounds too much like USSR suppression of dissidents.
I have been saying for years that school are no longer educational institutions but they are in fact indoctrination
Centers and it gets even worse in college.