The 8th U.S Circuit Court of Appeals confirmed that Watson Chapel School District, violated First Amendment rights of students who wore black armbands to school to protest the school dress code policy in the case of Lowry v. Watson Chapel School District. The court confirmed the lower court decision which was in favor of students: Chris Lowry, Colton Dougan, Michael Joseph. The students brought a lawsuit against the School District, the Superintendent, the Principal, and the school board members in 2006. The students argued that they had the right under the First Amendment to wear the black armbands.
The lower court’s decision which was upheld by the 8th Circuit is will probably be appealed to the Supreme Court. According to American Civil Liberties Union of Arkansas Staff Attorney, Holly Dickson who represents the students in the case, they expect the school district to appeal the case to Supreme Court.
The lower court decided the case based on the 1969 Supreme Court Decision Tinker v. Des Moines Independent Community School District where three students wore black armbands to protest the Vietnam War. This case has been a rule for 40 years. On the other hand, the School District’s attorney, Ivy Lincoln, argued that these cases are not similar. In the Tinker case the students were protesting an issue outside of the school - the Vietnam War. In the Lowry case the students are protesting the Dress Code policy within the school. If the appeal is accepted in the Supreme Court end result of the case could become law for this country.
Here is the link http://splc.org/newsflash.asp?id=1803
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