Jim Jamison (JJ) attends a public high school. One day he
wore a t-shirt to school. The t-shirt displayed the following
text on the front:
White men can't jump, but black men can't govern. Impeach Obama.
In the afternoon, after learning about the t-shirt, the
principal called JJ into his office and told him that if he
didn't remove the shirt he would be suspended for 3 days. JJ
refused to remove the shirt and was suspended. His parents have
filed suit against the school on his behalf claiming a violation
of his First Amendment rights. Assume the following additional
facts:
a) On the day when JJ wore the t-shirt no students reacted to
the shirt in any way; or
b) On the day when JJ wore the t-shirt several students went to
talk to the principal and told him they were offended by the
shirt;
or
c) On the day when JJ wore the t-shirt to school conversations
about the shirt took place in the hallways, the cafeteria, and
in several classrooms. One of the teachers spent class time
talking about whether the t-shirt was an appropriate way to
express a political viewpoint;
or
d) On the day when JJ wore the t-shirt to school, a classmate
confronted JJ about the shirt and punched him causing his nose
to bleed. There were no other incidents at school while he was
wearing the shirt;
or
e) On the day when JJ wore the t-shirt to school, at least a
half dozen classmates confronted JJ about the shirt and
threatened to hit him if he continued to wear the shirt.