The First Amendment

lawbuff

Member
Sep 9, 2009
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Another poster started a thread about whether the 1st AM should be repealed! That reminded me of a case that came up a few years ago for debate on another board. Without knowing the outcome, if you were the Court, how would you rule? It was resolved, but how I won't say how for now, no cheating!! Te he!!

A student wore a costume with a sword as a part of it, (photo and legal complaint in link). He was denied the right to have it published in the yearbook.

Should he be allowed to have it published or not?


News Release: ACLU Files Suit Challenging Ban of Studen'ts High School Yearbook Photo--Rhode Island Affiliate American Civil Liberties Union (ACLU)
 
He was allowed to publish it in the back, and there are other photos of students and the school's mascot holding weaponry, including guns and swords, so YES it would seem that he has the entitlement to the First Amendment right to depict himself that way.
 

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