Legal Question in Constitutional Law in Texas

Free Speech

My son lives in Texas and last week was told to remove a shirt he was wearing that had the words ''Heaven and Hell'' printed on it. The teacher said that the word hell offended him. My son refused to remove the shirt because it said nothing derogatory and they threatened him with suspension. My son is very upset and says that the teachers and principle have been watching him very close lately. Does my son have any legal ground to stand on? He also questioned the fact that his public school is holding an event at a local church and was wondering if this is legal. Thank you for your time.


Asked on 5/14/07, 10:23 am

2 Answers from Attorneys
Ronald Coleman Bragar Wexler & Eagel, PC

Re: Free Speech

This is an evolving area of law, but the courts have generally held that schools may regulate what students where at school, even at the expense of what would be First Amendment rights for an adult. You need to ask a Texas lawyer, however, not a New Jersey lawyer.

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Answered on 5/14/07, 12:24 pm
Roger Evans Mathis & Donheiser

Re: Free Speech

The school can reasonably regulate what it believes is offensive or diruptive speech, including "speech" such as that written on your son's shirt. I expect it might not have been as straightforward as you describe it. A school can hold an event at a local church, although it could not of course have anything resembling a religious ceremony there.

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Answered on 5/14/07, 2:45 pm


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