KNOXVILLE, Tenn. (tennessean.com) – A federal judge has dismissed a case by a former Anderson County student who sued the schools and administrators, saying a ban on Confederate flag apparel was unconstitutional.
Tommy Defoe's civil suit against Anderson County school administrators ended in a mistrial last August, as jurors were unable to reach a unanimous decision.
Defoe had been suspended from Anderson County High School in 2006 for refusing to remove or turn inside out his Confederate flag apparel.
The defendants argued that the ban made sense and was aimed at preventing material disruption to the educational process. They cited previous racial tension and incidents in Anderson County schools.
Under the precedent set in Tinker v. Des Moines Independent Community School District, schools are allowed to balance student's right to free speech against the need to maintain discipline and order in the schools.
Based on the numerous racist incidents school administrators described in court, Judge Thomas Varlan ruled that administrators had a reasonable belief the Confederate flag's presence might lead to disruption.
Varlan also wrote that there was ample evidence the schools' policy was viewpoint neutral: Defoe said his wearing of the Confederate flag was not a symbol of racism but to celebrate his Southern heritage. School administrators banned it anyway, and Varlan took that as an indication the ban on the Confederate flag was not aimed at racist expression but at the disruption caused by its presence.
8/12/2009 4:38:35 PM
