Tyler Harper wore an anti-homosexuality T-shirt to school, apparently responding to a pro-gay-rights event put on at the school by the Gay-Straight Alliance at the school. On the front, the T-shirt said, "Be Ashamed, Our School Embraced What God Has Condemned," and on the back, it said "Homosexuality is Shameful." The principal insisted that Harper take off the T-shirt. Harper sued, claiming this violated his First Amendment rights. Harper's speech is constitutionally unprotected, the Ninth Circuit just ruled today, in an opinion written by Judge Reinhardt and joined by Judge Thomas; Judge Kozinski dissented. According to the majority, "derogatory and injurious remarks directed at students' minority status such as race, religion, and sexual orientation" -- which essentially means expressions of viewpoints that are hostile to certain races, religions, and sexual orientations -- are simply unprotected by the First Amendment in K-12 schools. Such speech, Judge Reinhardt said, violates "the rights of other students" by constituting a "verbal assault that may destroy the self-esteem of our most vulnerable teenagers and interfere with their educational development."Oh, heavens. What are the odds that this WON'T be overturned by the Supreme Court. I realize that schools need a tool to help them stop disruptive behavior, but the dissenting opinion points out that there wasn't much evidence that there was any disruption at all.
What's it going to take for people to get that almost every opinion is going to offend someone, and you can't subvert it just because it's going to do so.