Kelley Baker kbaker@hslegalfirm.com
Karen Haase
Steve Williams
Bobby Truhe
khaase@hslegalfirm.com @KarenHaase
swilliams@hslegalfirm.com
btruhe@hslegalfirm.com @btruhe
Nebraska School Wins Jury Trial Over Student T-Shirts Last Friday, April 13 a federal jury found that Millard Public Schools acted within the law when it suspended more than two dozen students for wearing t-shirts and other items in memory of a student who was shot to death in June 2008. The case began nearly four years ago after students responded to the killing by wearing t-shirts and other items that bore the picture of 18-year-old Julius Robinson. Administrators at Millard South High School were concerned that Julius had been killed in a gang-related incident and that as a result, the t-shirts were disruptive and further promoted gang activity. The school ultimately suspended 26 students who wore the shirts to school after being told not to do so. Three of the students who were suspended sued. A federal judge ruled earlier this school year that the students were entitled to a jury trial. The judge ruled that under the standard set by the United States Supreme Court in Tinker v. Des Moines, the school would have to convince a jury that the t-shirts created a material and substantial disruption of the educational process. Once the school was able to present its case to the jury, it was apparently able to convince them that the threat of disruption was genuine. The jury ruled in favor of the school district and against two students. No verdict was reached on a third student’s claim. The students’ attorney has told various media outlets that they are considering appealing this decision to the United States Court of Appeals for the Eighth Circuit. We will, of course, keep you all updated on this case if it is appealed. This case underscores how important it is for school administrators to document and verify their belief that student expression poses a substantial risk of disruption. Here Millard administrators did a good job of showing the jury that their concern that these tshirts were gang related was legitimate. If you have concerns about whether a student’s clothing or other expression is causing a disruption at school, please call Kelley, Karen, Steve or Bobby to discuss whether you may discipline that student without running afoul of the First Amendment. I:\3\7613\E-mail Updates\121 - Millard t-shirt case.docx