Legal Question in Education Law in Massachusetts

Pro-life,publics chool

Alright I was wondering is it alright for people to wear prolife tee shirts to a public school? Isnt that mixing religion and personal views in a public high school surroundings? The shirts would not bug me as much if it didnt say ''Abortion Kills Kids'' thats very offensive. What happens if people in that school as had an abortion and the are effect be it. Im just wondering if they should be able to wear those shirts or not in a public school. Thank you for your time.


Asked on 4/27/05, 12:28 pm

1 Answer from Attorneys
Tom Flynn Law Offices of Thomas V. Flynn

Re: Pro-life,publics chool

The wearing of clothing with messages is a First Amendment issue, and in general people are allowed to express their views and enjoy speech protections. However, the protections for an adult vs. a student in a public school are quite different. In short, a student's ability to express speech in school is limited by the school's need to to ensure an orderly, proper environment for education. So in most cases whether or not someone can wear a shirt in school is a question of the facts, and the particular message. If you find it offensive, take the issue up with the school principal and the school board. You may want to read the following cases (which should be able to find on line) Cohen v. California (a Supreme Court case) and Pyle v. South Hadley (a Massachusetts U.S. District court case). I think you will find Pyle very informative.

Hope this helps.

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Answered on 4/27/05, 1:11 pm


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