Question

Jeremy Stevens, an ardent leftist, was known for his outrageous stunts in his high school of four hundred students in rural Southwest Minnesota. In his freshman year he came to school dressed in a skirt to protest the policy that, while skirts may be worn, no shorts may be worn to school between November 1 and April 1. When he was sent home for indecent conduct, he returned in a traditional Scottish kilt. While under suspension for violating school rules Stevens was granted the right to wear skirts after he sought the advice of the local American Civil Liberties Union (ACLU) chapter. During his junior year he drafted an editorial cartoon for the school newspaper that depicted the principal as a drunkard. While the ACLU again wanted to help, it was bound by the Supreme Court's precedent that schools may edit, and restrict content in, school newspapers. Stevens's senior year has been tame, but he did wear a T-shirt to school that proclaimed, "the president is a terrorist." School officials asked him to remove the shirt or go home and change. When he refused, Stevens was suspended for two days. After consulting with the ACLU again, Stevens has decided to sue the school district for violating his freedom of speech found in the First and Fourth Amendments. The case has gone through the courts and has now reached the U.S. Supreme Court.
As a justice on the Court, how would you rule given the line of free speech cases decided by the Court? Should Stevens be allowed to wear his T-shirt? Why or why not?Be sure to cite cases from class to support your answers. There is no right answer, but all your arguments must be logical and supported with case law.

Answer


*A. Varies