The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


'Nobody knows I'm a lesbian' suspension overturned


I blogged yesterday about a South Carolina high school girl who was suspended for wearing a T-shirt saying "Nobody knows I'm a lesbian." The school had defended its decision to order the girl to change the T-shirt on the grounds that the T-shirt was "offensive and distracting"; I noted that such student speech couldn't be restricted unless there was a showing that it materially disrupted the functioning of the school. U.S. News & World Report (Steven Nelson) has an update:

Popour's punishment was reversed after it became a national news story, Spartanburg School District 2 spokeswoman Rhonda Henderson tells U.S. News.

"The dress code disciplinary decision you inquired about was overturned," she says, "when administration realized that although the shirt was offensive and distracting to some adults in the building, the students were paying it little attention."

That really captures the matter well, doesn't it?