Seventh Circuit Upholds Students' Right to Wear "Be Happy, Not Gay" T-Shirts 

A three judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously upheld a ruling by the federal district court that students are entitled to a permanent injunction prohibiting the school district from banning them from wearing clothing at school displaying the message "Be Happy, Not Gay," plus nominal damages. The court found the school district's evidence was insufficient to satisfy the Tinker substantial disruption standard. 

Two students filed a lawsuit against Indian Prairie School District No. 204 after they were prohibited by school officials from wearing t-shirts that said "Be Happy, Not Gay" on the "Day of Truth," which is the day after and in response to the "Day of Silence," a day meant to promote gay tolerance. In 2008, the Seventh Circuit granted both students an injunction allowing them to wear the t-shirts at school. In 2010, after conducting further proceedings, the U.S. District Court for the Northern District of Illinois made permanent the Seventh Circuit's preliminary injunction, and expanded it to cover any student at the school. In addition, the federal district court awarded the students $25 in nominal damages. The most recent Seventh Circuit ruling affirms the federal district court's decision. 

This case is another in a long line of cases regarding the extent to which students maintain their First Amendment rights in school, although it is now taking place in new mediums, e.g., t-shirts and bracelets, rather than armbands. School districts need to make sure their student speech and dress policies are up to date and correct, and school officials need to understand the limits on their powers and the procedures to use should student free speech issues arise. More and more, school districts seeking to ban items like t-shirts and bracelets are facing courts that are willing to find in favor of students seeking to voice their personal, political, and religious beliefs in a peaceful manner. 

Zamecnik v. Indian Prairie Sch. Dist. #204, 2011 WL 692059 (7th Cir. Mar. 1, 2011) 

For questions about this case or student issues related to the First Amendment, please contact Vanessa Clohessy at (847) 670-9000 or vclohessy@hlerk.com.