In rereading Tinker, I couldn’t help but be struck by this passage:

It is also relevant that the school authorities did not purport to prohibit the wearing of all symbols of political or controversial significance.  The record shows that students in some of the schools wore buttons relating to national political campaigns, and some even wore the Iron Cross, traditionally a symbol of Nazism.  The order prohibiting the wearing of armbands did not extend to these.  Instead, a particular symbol – black armbands worn to exhibit opposition to this Nation’s involvement in Vietnam – was singled out for prohibition.

It's hard to imagine a time when a symbol of Nazism would raise no eyebrows but a peace sign would have administrators convening special meetings and developing regulations on the fly.  Picking and choosing which political statements were acceptable and which were not certainly made the District’s position in Tinker much less defensible.

These days, students have no shortage of opinions and practically unlimited means at their disposal to express them.  Despite all the technological opportunities kids have to voice their opinions, they also still like to wear them.  It’s impactful.  In fact, my friend and WGTRK-Houston attorney Melanie Charleston has a whole theory about how positive messages on people’s t-shirts can make a positive change in society.   Nevertheless, balancing and policing students’ rights to express themselves at school is a difficult and thankless full-time job.  If you haven’t already done so, there is still a little time left before school starts to review your student dress code and consider how your district treats “expressive” clothing.

DAWG BONE: GET A GOOD HANDLE ON YOUR DRESS CODE NOW BEFORE SCHOOL (AND ELECTION SEASON) STARTS

Tomorrow:  A Little Update from an Old Friend