Poway Hypos

Was the problem for the court in Poway that the banned t-shirt used the word "shameful?" Suppose instead pro-family students wore t-shirts on National Day of Truth proclaiming:

"THE TRUTH SHALL NOT BE SILENCED"

"ONE MAN ONE WOMAN ONE FAMILY"

Would a t-shirt such as this have passed muster under the 9th Circuit's reading of Tinker?

Suppose in, say, Kansas a public school student is disciplined for wearing a t-shirt on the National Day of Silence proclaiming:

"HOMOPHOBIA IS SHAMEFUL"

Could this shirt be banned under Poway due to disruptions that occurred at last year's Day of Silence? Would it matter if the school banned the anti-homophobia t-shirts while permitting students to wear pro-family t-shirts such as the one in the first hypo above?

Let's talk about these issues in today's class!