Poltics or Law...Law

The frustrating aspect about the latest student T-shirt ban is that it cannot escape being politicized. Unfortunately, there is a long history of a disproportionate representation of one viewpoint in academia, but that is not the issue when it comes to the law especially for this blog concerning media law. So let us limit the discussion to the law and it is appropriate application. This case is most similar to the Bretton Barber v. Dearborn, which the Tinker standard (material disruption) applies. In the Barber opinion, it came down to the point of actual disruption, (http://www.mied.uscourts.gov/Opinions/dugganpdf/Barberfinal.pdf, Pg 9 and 17) not potential disruption. In the story (http://www.suntimes.com/news/elections/1182731,shirt092408.article#), there is evidence that this T-shirt did cause a disruption, and therefore should be banned. The law, Tinker standard as well as the Barber precedent, is quite clear; the T-shirt caused actual disruption(material disruption), Aurora Superintendent of Schools John Barry wins.