The "volatile circumstances" of an educational environment “permeated with racial tension” justify a Missouri school district's decision to discipline a student for wearing Confederate clothing, the district contends in court papers.

A summary judgment motion describes three incidents of racial violence that preceded the suspension of Bryce Archambo in September 2006. The Farmington High School student, who sued the district for violating his free-speech rights, wore a belt buckle and t-shirt that featured the Confederate flag and the words “Dixie Classics.”

In one incident, the motion says, a white student urinated on a black student, saying “that’s what black people deserve.” The other incidents involved a racial fight outside of school and alleged racial harassment by Farmington High basketball players during a tournament at a neighboring school district.

Under Tinker v. Des Moines, 393 U.S. 503 (1969), school officials may forbid student speech that they reasonably believe would “substantially interfere with the work of the school or impinge upon the rights of other students.”

“[T]he District's educational environment was permeated with racial tension,” the district says, and

These incidents fully satisfied the [Tinker] threshold for prohibiting certain symbols on student clothing in public school districts and made the District’s actions both appropriate and necessary.

Archambo, the original plaintiff in the case against the Farmington R-7 School District, has been joined by two other students who were also suspended for wearing clothing depicting the Confederate flag.

In their opposition to the district's motion, the students say none of the prior racial incidents occurred at the high school and “there is not testimony or fact that establishes that [the urination] incident was racially motivated.”

“Defendants have not proved that there was any substantial disorder to the educational environment caused by Plaintiffs’ wearing of the Confederate flag upon their clothing [and] no fight occurred because the Confederate flag was worn at school by one of the Plaintiffs,” the brief argues.

The Supreme Court recently found that Tinker did not protect the speech of a student who displayed a banner reading “Bong Hits 4 Jesus.” But the Farmington students say Morse v. Frederick “is not applicable to Plaintiffs’ case because they were not disciplined for wearing clothing that depicted drug use or illegal activity.”

On Point previously suggested the district did not have enough evidence of racial tension to meet the Tinker standard. It now looks like a closer case –- and one that can only add to the controversy over student speech.

By Peyton Burgess
7/20/07